I have committed adultery. Will my spouse get the lion's share of everything...

Committing adultery may lead to your divorce, but it will not cause your spouse to be awarded the bulk of your shared assets.

By Divorce Magazine
July 12, 2006
ON FAQs/Infidelity Issues

"I have committed adultery. Will my spouse get the lion's share of everything, including property and higher than usual child or spousal support?"

This is a myth in Ontario. In Canada, we have no-fault divorce, which makes divorce available after one year of separation. It is also available sooner for other grounds, such as adultery or physical or mental cruelty. Property division is determined in Ontario by theFamily Law Act. Property rights are calculated by what is called an equalization payment.

The effect of the equalization payment is that the spouses' gain in assets (less debts and exempting some assets such as the matrimonial home) during the marriage is equalized by the party with the higher gain paying one half of the difference to the party with the lower gain. The Family Law Act provides that conduct such as adultery is not relevant.

Child support is governed by the federal Child Support Guidelines, which provide a method of determining support. Spousal support is determined on a case-by-case basis depending on factors such as the needs of the parties and the ability to pay. The Divorce Act and theFamily Law Act provide that spousal support is not to be based on the conduct of the spouses.

Commiting adultery doesn't cause your spouse to obtain the lion's share of everything. However, in extreme cases with other factors, it may be relevant to the issues in the case.

George C. Eyre is a family lawyer practicing in downtown Toronto.


Back To Top

By Divorce Magazine| July 12, 2006
Categories:  FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.