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Posts Categorized: Spousal Elections
4 ResultsAm I a Spouse? The Mystery of Spousal Benefits
Under the laws of Ontario, certain rights and benefits are conveyed to a “spouse.” However, there is not a universal definition of “spouse”: whether you qualify for spousal benefits depends on the governing statute. Below is a summary of some of the most common rights and benefits sought by a “spouse” on the death of…read more
What is a “Common Law Spouse”?
In Canada, every person is afforded certain protections in the event they get divorced. For example, there are statutes in place to help determine how the couple will divide their property and whether one of them is entitled to child support or spousal support (and what amount). However, not every couple in a committed, long-term…read more
The Rights of a Surviving Spouse – Spousal Election
I just finished watching Mrs. America, the recent TV series that chronicles the fight by women in the 1970s to enshrine the Equal Rights Amendment (ERA) in the US Constitution. First proposed in 1921, the ERA sought to mandate equality between men and woman. In 1972, Congress passed the ERA, but they could not obtain…read more
When is an Investment Property a Matrimonial Home?
In Debora v. Debora, the Ontario Court of Appeal confirmed that a property will be considered a matrimonial home even if it is owned by a company instead of directly by a spouse. The facts of the case make for interesting reading. The parties went through a religious wedding ceremony in 1987, but did not…read more