Common Myths About Divorce in Ontario
A Practical Guide for Families
Divorce is a significant life transition, and it is often made more difficult by the amount of misinformation circulating online and in the community. Misunderstandings about how Ontario family law works can lead to unnecessary conflict, unrealistic expectations, and avoidable stress. This blog addresses six of the most common myths about divorce in Ontario and explains what the law actually provides.
Myth 1: Mothers automatically receive custody
Fact: Ontario law does not favour one parent over the other. Parenting decisions are based entirely on the best interests of the child.
Since amendments to the Divorce Act came into effect in 2021, the terms “custody” and “access” have been replaced with “decision‑making responsibility” and “parenting time.” Courts consider factors such as the child’s needs, stability, relationships, and each parent’s ability to meet those needs. There is no automatic preference for mothers or fathers.
Myth 2: Parenting time is always divided equally
Fact: A fifty‑fifty schedule is not the default. Parenting arrangements depend on what best supports the child’s well‑being.
While shared parenting is common, it is not presumed. A parenting schedule may be equal, or it may be structured differently if that better reflects the child’s routine, developmental needs, or the parents’ circumstances. For child support purposes, a parent may still be considered to have shared parenting if the child is with them at least forty per cent of the time.
Myth 3: Infidelity affects property division or support
Fact: Ontario follows a no‑fault divorce system. Infidelity does not influence financial outcomes.
Although adultery is a legal ground for divorce, it does not affect how property is divided or how support is calculated. Courts do not impose financial penalties for marital misconduct. The only exception is where the behaviour had a direct financial impact, such as hiding assets or recklessly spending family funds.
Myth 4: The spouse whose name is on title keeps the home
Fact: The matrimonial home has special legal status, and both spouses have equal rights to possess it, regardless of ownership.
Under the Family Law Act, married spouses have equal rights to live in the matrimonial home until they agree otherwise or a court orders differently. The value of the home is shared when calculating equalization, even if one spouse owned it before the marriage. There are limited exceptions, but title alone does not determine who keeps the home.
Myth 5: Common‑law partners divide property the same way married couples do
Fact: Common‑law couples do not automatically share property.
In Ontario, married spouses share the increase in value of their property through the equalization process. Common‑law partners do not have this automatic right. Each partner generally keeps property in their own name. A common‑law partner may make a claim based on unjust enrichment or constructive trust, but this requires evidence and legal analysis.
Myth 6: A handwritten or informal separation agreement is legally binding
Fact: An agreement may not be enforceable without full financial disclosure and independent legal advice.
Courts can set aside separation agreements that are unfair, incomplete, or created without proper disclosure. Independent legal advice helps ensure that the agreement complies with Ontario law, reflects informed decision‑making, and protects both parties’ rights.
Final Thoughts
Understanding the realities of divorce law in Ontario can help families make informed decisions and reduce conflict during an already challenging time. Speaking with a family lawyer early in the process provides clarity, protects your rights, and supports a smoother transition. At Rimawi Law, we are here to answer your questions and guide you through each step of the process.
