Divorce & Family Law Glossary of Terms

A financial payment made by the spouse with the higher net family property to the other spouse to ensure a fair division of assets after separation.

Assets that are not subject to division between spouses after separation. Examples of commonly excluded property in Ontario include inheritances and gifts from third parties received during the marriage, which are in the spouse’s name on the date of marriage  (unless commingled).

Net family property is defined under the Family Law Act of Ontario.  Put simply, the total value of a spouse’s assets acquired during the marriage, minus liabilities, date of marriage values, and excluded property.

The official date of separation is used to determine the value of assets for each spouse’s net family property and equalization purposes after separation.

The legal right of both spouses to live in the matrimonial home, regardless of whose name is on title.

A court order that grants one spouse the legal right to live in the matrimonial home and requires the other spouse to leave.

The home that was used as the family’s ordinary residence on the date of separation in which at least one of the spouses has an interest. Post-separation, both spouses have equal possession rights to the matrimonial home, regardless of which spouse is named on the property’s title.  There can be more than one matrimonial home.

A legal concept where one spouse may be required to pay rent to the other if they remain in the matrimonial home alone post-separation.

The legal ownership of a property, as registered with the land registry. One spouse may hold title, but both can still have possessory rights.

A former legal term referring to time spent with a child. In Ontario, “access” has largely been replaced by “parenting time” and “contact”, though it may still appear in older court orders or informal discussions.

The central legal test used by Ontario courts when making decisions about parenting time, contact, or decision-making responsibility. Courts assess what arrangement best supports the child’s physical, emotional, and psychological well-being.

A court order granting a non-parent, such as a grandparent, the right to spend time with a child. Contact orders do not give decision-making authority (formerly known as “custody”) and are focused solely on maintaining a beneficial relationship.

The legal authority to make major decisions for a child, including decisions about education, health care, religion, and extracurricular activities (formerly referred to as “custody”). Grandparents are rarely granted decision-making responsibility unless parents are unable or unfit to care for the child.

Time during which a parent is responsible for the care of the child (formerly referred to as “access”). Parenting time includes day-to-day decision-making while the child is in that parent’s care. Grandparents generally do not seek parenting time, but rather contact.

The legal standard used by courts in all parenting decisions, including relocation, focuses on the child’s well-being, stability, and development, not the parents’ preferences.

An international treaty that provides a legal process to return a child who has been wrongfully removed from their home country or wrongfully retained in another country.

A court application brought by a parent seeking legal permission to move with the child. Often necessarily if the other parent does not consent to the move.

A proposed move by a parent that would significantly impact the child’s relationship with the other parent or anyone else with parenting time (access) or decision-making responsibility (custody).

The existing parenting and living arrangements. Courts often consider whether a proposed move would disrupt the child’s current routine and environment.

A couple who has continuously lived together for at least three years or has a child together in a relationship of some permanence.

Spousal support is awarded to compensate one spouse for career sacrifices or lost economic opportunities due to the roles taken in the marriage or childcare responsibilities.

Spousal support is awarded based on financial need rather than career sacrifices or economic disadvantage.

Financial payments made by one spouse to the other after separation or divorce to help with financial stability. “Alimony” is terminology not found in Canadian legislation although spousal support it is often referred to colloquially as “alimony”.

A set of non-binding guidelines used by courts and lawyers as a starting point to determine the amount and duration of spousal support.