When considering separating from your spouse there is undoubtedly a variety of thoughts that you are constantly considering; Is this the best decision for your family? What will parenting your children look like? What will your future look like? Even though it may be tough to have a clear view of the future, it is always beneficial to start planning for what life will look like post separation.
In most cases, spouses’ personal and financial lives become interwoven over the period of their relationship. Separating yourself from your partner is only natural when you feel the relationship is no longer working and you are considering a separation. During this time, many people also begin to evaluate other areas of their lives and consider further life changes, such as approach to parenting, career and personal health and well-being.
With some of these changes, it is essential to begin working towards them right away and others, you simply should hold off on. If in the future you end up in court litigating over child custody, child support and spousal support, the courts tend to give higher consideration to the arrangements that were in place prior to the separation and tend to lean towards keeping the status quo.
Parenting Arrangements
If you are planning on spending more time with your children and being more involved in their day to day after the separation, there is no reason to wait. Begin making that effort today, get involved and make an impact on their lives. Historically, fathers have spent less time with their children as they were out working, and the mother spent more time taking care of the day to day routines with their children. Even though this is still accurate in many families today, there are more and more men tending to the daily activities of their children, as their wives go to work.
In either case, it is important to set a high level of involvement with your children today, if you want to maintain or increase the time spent with them post separation. The courts will take into consideration a parent’s involvement in their children’s daily routine when considering custody and access. They will look at who helps with the children’s basic needs, such as preparing meals, school and daycare drop offs and pick-ups, who takes them to their extracurricular activities and attends events such as games and recitals.
If you were previously perceived as having a lower involvement with your children, you may be able to break that perception by spending more time with your children today. This may mean spending more time on the weekends or after work for now, but is an important step for your future with your children, especially if you are seeking shared or full custody.
Organize Your Records
Not everything you and your spouse own will get divided between the two of you, any assets you brought into the marriage does get deducted from the net family property equalization calculation. However, it is your responsibility to show that you had those assets prior to your marriage. It is a good idea to create a list of assets that you brought into the relationship and begin gathering proof. You should also find records showing the worth of your accounts prior to your marriage.
These records along with current financial records and property records should be kept in a safe location, outside of the matrimonial home. This ensures that these documents don’t accidentally get misplaced.
The Matrimonial Home
Your rights to the Matrimonial Home will depend on whether you and your partner were married or in a Common Law relationship. If you were married, both you and your spouse have equal rights to access and possession of the matrimonial home. If you move out during the separation period and you end up in court, this may diminish the possibility of you being granted possession of the home after the divorce is finalised. Your property division rights will not be affected if you leave the Home.
If you remain in the matrimonial home during your separation, it will increase your chances of remaining in the home after the separation. The only time we do not suggest staying in the matrimonial home during a separation is if you believe that you are not safe in the home or that the situation between you and your spouse has gotten intolerable.
Your Matrimonial Home rights are far more convoluted if were not married, and you should consult with a lawyer experienced in Family Law.
Find an Experienced Lawyer
Finding the right family law attorney may take some time, you want to find an experienced lawyer that you feel comfortable with and can trust. After all, you will be sharing personal, private and financial information with your attorney. Your lawyer should understand your goals and provide you with assistance and guidance that will help you achieve your desired outcomes.
Finding a family law attorney early in your separation journey is beneficial, they can help guide you and answer any questions that come up early on. The fact that they will understand all of the particulars of your situation is beneficial if you do have to go to court.
Update Wills and Power of Attorney
Having a new will created and updating your Power of Attorney for both personal care and property may not seem like an urgent task, but chances are if your will was created while you were married, your spouse is named as the beneficiary and they are also your Power of Attorney. Having a new will created sooner than later ensures that your affairs will be settled in a manner you see fit and your final wishes will be carried out, in case the unthinkable were to occur.
Updating your Power of Attorney for Personal Care and your Power of Attorney for Property to a trusted friend or family member will ensure your spouse is not the one tasked with making decisions on your health or your finances if you are medically not able to make these decisions yourself.
Career Changes
It is best if you are considering changing your career, to make the change before your separation, especially if it means there is a reduction in your income. If you change to a lower paying job after your separation, there is a chance that the court views this as an attempt on your behalf to have reduced your support responsibilities and may still require you to pay both child and spousal support based on your previous income. The likelihood of the court making the decision increases if you were the main source of income for your family prior to the separation.
If your spouse is a stay at home parent and there have been conversations about them returning to work, you may want to encourage them to do so before you separate. This way they are earning an income of their own before separating.
If you have a career where your income can fluctuate from one year to the next, such as a sales position or if you own your own business, and your current earnings are exceptionally high, you can let the court know and they can calculate your child support based on the average of your last three years income.
Accordingly, if you are having an unusually slow year, and your income is lower than expected, make sure your spouse is aware of this and try to cut spending where possible. Spousal support is awarded based on your standard of living before separation and gauges a spouse’s needs for the future based on that standard. So, spending frivolously before you are separated can lead to a spousal support amount that is above your current means.
Managing Your Assets
It is not a good idea to try and hide or give away assets to friends and family before the net family property equalization calculation, in an attempt to reduce the equalization payment or support obligations. These types of actions can be perceived as deceitful by the courts, and they do not look kindly to those they believe are trying to deceive them.
You should continue to manage your finances in the same manner you always have prior to your separation. If you have joint bank accounts or credit cards, do not transfer money to your own account, have the accounts frozen or max out the cards. If you fear that your spouse may begin depleting the funds in order to reduce their equalization payment or support obligations, keep records as to what is in the accounts currently. You can also take steps under the Family Law Act to divide the property earlier.
Properly preparing for your separation will ensure that you make the proper decisions and take the right steps once you separate. Separations can be complicated and can involve intricate processes, having an experienced family law firm protecting your rights and best interests is always advised. At Sage Law Group we offer comprehensive family law services in Barrie and South Eastern Ontario. If you need support with or have questions regarding your separation, give us a call at 705-735-0003 and let us help you.
