Is adultery a legal ground for divorce in Ontario?
Yes. Adultery is one of three ways to prove a marriage breakdown in Ontario under the Divorce Act. The others are one year of separation or cruelty.
Do I need to prove adultery in court?
Yes, if filing based on adultery. Proof is required — mere suspicion is not enough. A single act qualifies, and the third party doesn’t have to be named.
Does adultery affect spousal support in Ontario?
No. The court does not consider infidelity when deciding spousal support. Entitlement is based on finances and contributions, not moral conduct.
Can adultery impact parenting time or decision-making?
Generally no. Only if the behaviour affects the person’s ability to parent safely or responsibly would it factor into parenting decisions.
Is filing for divorce based on adultery worth it?
- It can be costly and time-consuming
- Proving it may require invasive evidence
- Most people file under “separated for one year” instead
Can I sue my spouse’s affair partner?
No. In Canada, you cannot sue for “alienation of affection” or emotional damages due to infidelity. These claims are not recognized by courts.
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