DivorceMag: Yukon FAQs

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FAQs Written By Professionals in Canada

"If my ex declares bankruptcy, am I liable for his debts?"
Divorce lawyer Judith Holzman answers: "Many couples, while they are together, co-mingle their assets and sign on each other's debts. Clearly, if one of the spouses cannot pay or fulfill the obligations, then the bank or financial institution or other creditor will chase both of them. A declaration in a Separation Agreement that the other spouse will pay certain debts is not sufficient, even if the debts are specified, because the Separation Agreement is personal between the spouses and does not affect third-party creditors.

Upon separation, you must cancel all joint credit cards, get your name off joint bank accounts that have overdraft provisions, and freeze the quantum of joint lines of credit to make sure that you are not further indebted after a separation. It's not enough to make a phone call; a registered or couriered letter should follow to protect you..."

"My ex-spouse is not complying with the provisions of our divorce judgment concerning payment of child support and spousal support. What are my options?"
Divorce lawyer George Eyre answers: "You should retain counsel to discuss strategy and to communicate with your ex-spouse to encourage him or her to pay support. Your counsel may enforce the order in a provincial court. Your lawyer may recommend this method when there are assets such as houses that could be sold or transferred to you or a variation of the order is advisable. For garnishment of your ex-spouse's wages and other income, the FRO is the recommended route..."

"Can I make modifications to my divorce judgment? My circumstances have changed, and I'm going to need more support."
Family lawyer Michael Cochrane answers: "A divorce judgment is intended to be a final decision for a marriage. It dissolves the marriage permanently. It also provides a final conclusion for the division of property. However, child support and spousal support provisions in divorce judgments are generally subject to review from time to time.

In the area of child support, parents are always entitled to return to court to ask that the child support be increased or decreased depending on changes in the parents' financial circumstances. If a paying parent's income increases dramatically, the Child Support Guidelines will likely call for a higher level of child support. In the area of spousal support, it is also possible to ask a court to review both the obligation to pay support and the quantum of the support..."

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