Divorce May Be Personal. Calgary Law Isn't: Part 2
March 14, 2017
In Part 1 of this article, you read that no matter how personally impactful your divorce may be, Calgary's divorce laws and the judges in divorce cases don't look at the emotional aspects of a divorce. The law isn't interested in determining who did what to whom during a marriage, and feelings of emotional betrayal and hurt are not taken into consideration when making judgments regarding the splitting of assets and liabilities between two ex-spouses.
You also learned that this means divorces in Calgary are considered "no fault," meaning neither party to the divorce is considered legally responsible for causing a divorce. Instead, a marriage is treated the same as any voluntary business partnership, and divorces accomplish the same thing as the end of a business partnership: assets and liabilities are split equally among the partners, taking into account what everyone contributed to the partnership, without any consideration of who might have mismanaged the business or made poor decisions.
This "business only" perspective of Calgary's divorce laws can also affect your divorce proceeding in other ways. Here are a few more ways that our dedicated Calgary divorce lawyers know can be surprising to those going through a divorce.
Sentimental Attachment to Calgary Real Estate Doesn't Mean Much in a Divorce
Unless you and your ex-spouse are living in a home that previously belonged to someone else in your family—for example, you inherited it from a parent or grandparent—or you owned your home independently before you got married and your ex-spouse moved in, the amount of emotional attachment you feel to your marital home is unlikely to impact your divorce. If you want to keep the home and your ex-spouse doesn't, and if you can afford to pay cash or give up other assets in exchange for their share of the home's value, you can likely stay; otherwise, you may need to sell your home and split the net proceeds with your ex-spouse.
Only Practical Contributions to a Marriage are Considered in a Calgary Divorce
When determining how assets should be split, judges in Calgary divorces look at the practical contributions you made to a marriage. Things like the income earned by both you and your ex-spouse, who cooked meals and maintained the home, who was the primary caregiver for any children, and so on. These can all impact asset splits and ongoing support payments (commonly known as alimony). Things like who tried harder to "make the marriage work," or who was too busy with work to maintain the relationship, are not relevant in the eyes of the law. Such contributions are unquestionably important on a personal level, and their value to you is a personal matter. They aren't something you can assign a dollar figure to and therefore won't be taken into consideration by the Calgary Court in most divorces.
Contact a Calgary Divorce Lawyer with Your Questions
Due to the nature of this blog and the legal service we provide, we're unable to answer specific questions or give direct advice online. For compassionate, dedicated legal assistance with your unique divorce, please contact our experienced team of Calgary divorce lawyers today.
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