Three Family Law Myths People Still Believe in Ontario

Like many areas of life, the legal system is surrounded by persistent myths. Unfortunately, when it comes to family law, these misunderstandings can lead people to make decisions that negatively affect their rights and legal position.

Family matters are already emotionally challenging. When inaccurate assumptions about the law are added to the mix, the situation can become even more complicated. In Ontario, rules surrounding parenting arrangements, child support, property division, and common-law relationships are often misunderstood.

Below, we look at three common family law myths and explain what the law in Ontario actually says.

Myth 1 – Mothers Always Get Custody After Separation

For many years, it was widely assumed that courts would favour mothers in child-custody disputes. This belief largely comes from a time when mothers were more often the primary caregivers. However, this assumption no longer reflects modern family law.

In Ontario, there is no legal presumption that mothers will receive decision-making responsibility or primary parenting time. Instead, courts focus on what arrangement is in the best interests of the child, regardless of the parent’s gender.

When determining parenting arrangements, courts consider factors such as:

• The child’s emotional and physical needs
• Each parent’s history of caregiving
• The stability of each parent’s home environment
• Each parent’s ability to support the child’s relationship with the other parent
• Any history of abuse, neglect, or substance misuse

Other factors may include the child’s age, special needs, and the child’s relationship with parents and siblings.

A child’s views and preferences may also be considered when appropriate, particularly for older children. However, these views are only one factor among many and do not determine the outcome.

In practice, courts frequently approve parenting arrangements that allow both parents to remain actively involved in their child’s life. Fathers and mothers have equal legal rights when it comes to parenting responsibilities and time with their children.

Myth 2 – Divorce Means Everything Is Split 50/50

Another common misconception is that divorce automatically results in a simple 50/50 division of every asset.

Under Ontario’s Family Law Act, married spouses share in the increase in value of property accumulated during the marriage, not necessarily each individual asset. When a marriage ends, each spouse calculates their Net Family Property (NFP).

The spouse with the higher NFP usually pays the other spouse an equalization payment, which ensures that both spouses leave the marriage with an equal share of the wealth accumulated during the relationship.

However, this does not always mean that each asset is physically divided in half.

Important rules include:

• Property owned before marriage is generally not shared, but the increase in its value during the marriage may be
• The matrimonial home is treated differently; its full value is shared even if one spouse owned it before marriage
• Certain types of property may be excluded from division

Examples of excluded property include:

• Gifts or inheritances received from someone other than your spouse during the marriage (as long as they are kept separate)
• Insurance proceeds received after someone’s death
• Compensation received for personal injury
• Property that spouses agreed to exclude in a valid domestic contract

Courts will only depart from equalization in exceptional circumstances where a 50/50 division would be clearly unfair.

What About Common-Law Couples?

Many people are surprised to learn that these property division rules only apply to married spouses.

Common-law partners in Ontario do not automatically share property when their relationship ends. Each partner generally keeps property that is in their own name.

However, common-law partners may still have legal claims in certain situations. For example:

• A partner may claim spousal support if the relationship lasted at least three years or if the couple has a child together.
• A partner may seek a share of property through legal claims such as unjust enrichment or a joint family venture if they contributed significantly to the property.

These claims can be complex and depend heavily on the specific facts of the relationship.

Myth 3 – Children Can Choose Which Parent to Live With

Another common belief is that children can simply decide which parent they want to live with once they reach a certain age.

In Ontario, there is no specific age at which a child can unilaterally choose their living arrangements. Parenting orders remain in effect until the child reaches the age of majority (18), unless the court orders otherwise.

A child’s preferences may be considered as part of the best-interests-of-the-child analysis, particularly as the child becomes older and more mature. However, the court will still consider many other factors before making a decision.

For example, judges may consider:

• The child’s maturity and reasoning
• Whether the preference appears influenced by a parent
• The child’s emotional and developmental needs
• The stability of each home environment

While teenagers’ views may carry more weight, they are never the sole deciding factor.

In some cases, a sixteen-year-old may legally withdraw from parental control, but this does not automatically override a court-ordered parenting arrangement.

Final Thoughts

Misinformation about family law can lead people to make decisions that harm their legal interests.

Common beliefs, such as mothers automatically receiving custody, divorce always meaning a 50/50 split of assets, or children being able to choose where they live, are often misunderstood.

Understanding how the law actually works can help individuals make informed decisions during what is often a difficult time.

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If you are facing a family law issue and need clear guidance on your rights and options, experienced legal advice can make a significant difference.

At Foote Law, we provide practical legal support tailored to your circumstances. Contact us today to discuss your situation and learn how we can help you move forward with confidence.

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