Divorce 101

Same-Sex Divorce in Ontario

Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

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Navigating Same-Sex Divorce and Separation in Ontario: What You Need to Know 

As Canada continues to uphold equal rights for LGBTQ+ individuals, same-sex couples have the same legal protections and processes when it comes to marriage, separation, and divorce. However, navigating a same-sex divorce in Ontario can still present unique challenges, especially in cases involving children, spousal support, and the division of assets. 

Key Points to Consider:

  • Legal Process: Same-sex divorces follow the same legal framework as opposite-sex divorces in Ontario, but cases involving custody or international marriages can present complications. 
  • Parenting: For same-sex couples with children, issues like biological vs. non-biological parenting can complicate decision making responsibility arrangements. Courts will always prioritize the best interests of the child, but these factors can create complexities. 
  • Property and Financial Division: Property, assets, and debts will be divided based on Ontario’s Family Law Act, but nuances in same-sex relationships can arise, particularly if the couple had joint property or adopted children together. 
  • Societal Stigma: While progress has been made, societal attitudes can still impact emotional aspects of same-sex divorces, making support groups and legal advice critical. 

Conclusion

Whether it’s spousal support, child custody, or property division, ensuring that you have a knowledgeable lawyer familiar with LGBTQ+ family law can ease the process and protect your rights.  

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About the author

Russell Alexander

Russell Alexander is the Founder & Senior Partner of Russell Alexander Collaborative Family Lawyers.