In Ontario, it doesn’t matter if you have a cheating spouse in a divorce; both spouses are still entitled to their fair share of family property and support.
Basing your claim for divorce on adultery is usually a more expensive way to get a divorce. It also doesn’t matter who initiated the separation. In most circumstances, family property will be equalized between legally married spouses and support will be determined on other factors like need, ability to pay or if one spouse has sacrificed his or her career for the relationship.
It is a rare thing to see a claim for divorce based on adultery in the courts. Typically, a divorce claim is advanced on the grounds of a one year separation or what is often referred to as “no fault” divorce. A claim based on adultery requires more evidence and possibly a trial to establish that adultery occurred. The person requesting the divorce on these grounds must provide evidence of the details and facts about the incident or incidents that occurred.
An application for a divorce based on adultery can only be brought by the wronged spouse against the spouse that committed adultery. The wronged spouse cannot rely on adultery if there was an intention to forgive the adultery and reconciliation between the parties for a period of more than ninety days.
If you are thinking of divorce or have a cheating spouse and have questions about what to do next contact us. Our lawyers at Bortolussi Family Law are here to help.