Marriage is probably one of the sweetest things about a relationship. But when things become complicated and demanding, couples tend to separate their ways from a marriage. Divorce can be one of the most complex issues of your life if not handled by some highly recommended family lawyers.
When you are going through a divorce, it is crucial to know your rights to separation. Particularly for a wife, you must always be over the game to acquire what is rightfully yours.
What is a wife entitled to in divorce in Canada? The focus of this article will be to find a genuine answer to this question.
Know Your Rights during Separation in Canada
During a divorce, both the spouse is entitled to some sort of support from each other. This support can come in the form of economic support and property share.
In most cases, the court fight during a divorce occurs for spousal support. This mainly involves when there are children involved in the separation.
If you and your spouse were married and had at least one child, you are entitled to seek spousal support in the form of child support from your spouse. In the case of a common-law relationship, if you and your spouse had at least 3 children together, you can receive spousal support from your spouse.
Spousal support generally includes necessary monetary support to the parent who has custody of the children. As you can guess, child custody is a significant issue relevant to spousal support. Suppose you are granted custody of your child. In that case, the other parent should be legally bound to pay the child and spousal support for the upbringing of the children.
Another legal right you can claim during a divorce is the share of the property. You and your spouse must have bought a house during your married life. During separation, you are entitled to claim a share of the property even if the property was purchased with your ex-husband’s money.
What Is a Wife Entitled to in a Divorce in Canada?
Let’s break it down to four essentials that you are entitled to in divorce in Canada. These are spousal support, child support, child custody, and property division.
Spousal Support
This is the first thing that you are entitled to from your ex-spouse after a divorce. Especially if you were a housewife, you could claim economic support from your ex-husband after the divorce is finalized.
The court usually rules the decision in your favor as you should ideally require some sort of support to lead your life all alone after a divorce. Not having any source of income can be tough on you right after the separation. Spousal support can be helpful to you before you can find a suitable earning source.
Child Custody
If there are children involved in a divorce, you are entitled to claim custody of your child. As a mother, the court could be inclined to rule the decision in your favor. However, you must present substantial evidence of having enough physical, mental, and financial support to take care of your child.
Moreover, you can be sure that the other parent will not let things go so quickly regarding child custody. The father can claim full or shared custody by proving your incompetency if there is any, unfortunately.
As child custody also involves paying child support, you should be prepared to fight an ugly battle.
Child Support
Along with the custody battle comes claiming child support. If you are granted custody of your child, you can claim child support payment from the father. This is generally aligned with the custody decision.
Child support is solely provided for the better upbringing of the child. As a result, granting child custody is the first thing you should ensure. If you have your children with you, you are entitled to receive child support from the father.
Property Division
The final part of your entitlement as a wife comes in the form of an asset. You and your husband must have bought a house during your married life. Even if the house was bought with your husband’s money, you are entitled to have a part of the house in a divorce settlement.
According to the Family Law Act, you are entitled to receive a share of the financial growth you and your husband experienced during the marriage. Upon separation, the growth of asset calculation is done separately for both the spouse. However, this will not be true in terms of matrimonial homes and gifts received during the marriage.
Conclusion
Each province in Canada has different sets of rules regarding what is a wife entitled to in divorce in Canada. It is crucial to follow Family Law and other sets of laws to avoid conflict. Your divorce attorney can guide you through the process better than anyone else. Therefore, it is always wise to seek lawyer support during a divorce to ensure you get what you deserve from the separation.
