BT: What to Know About Divorce - Featuring Alyssa Bach, Shulman & Partners

Ending a marriage or long-term relationship is rarely simple, and many couples find themselves confronting these decisions at the start of a new year. In a Breakfast Television segment, Alyssa Bach, Associate Lawyer at Shulman & Partners LLP, discussed why January is often referred to as “divorce month” and outlined the practical questions families should consider before moving forward. The conversation focused on common misconceptions about separation, housing, support, and parenting, and emphasized how early access to clear legal information can help reduce uncertainty during an already emotional time. Alyssa’s insights reflect the realities many Ontario families face when navigating separation, from deciding whether to move out to understanding the costs of divorce and the importance of keeping children’s long-term wellbeing at the center of decision-making.

“A lot of people will stay together throughout the holidays, whether it’s for the kids, avoiding conversations with family members that you just don’t want to have..."
— Alyssa Bach, Associate Lawyer, Shulman & Partners LLP

During the interview, Alyssa explained why family lawyers often see a significant increase in inquiries after the holiday season. She noted that many couples remain together through the holidays, particularly for their children or to avoid difficult family conversations, and then reassess their relationships once January arrives. The new year often brings reflection, resolutions, and a willingness to confront issues that may have been postponed.

One of the first topics addressed was whether a formal separation agreement is required to obtain a divorce. Alyssa clarified that it is not mandatory. In Ontario, the most straightforward path to divorce is demonstrating one year of separation, meaning the spouses have lived separate and apart without reconciliation. A separation agreement can be helpful, but it is not a prerequisite to legally ending a marriage.

The discussion then turned to one of the most common and stressful questions separating couples face: whether one spouse should move out of the family home. Alyssa emphasized that there is no universal answer. The correct decision depends on factors such as ownership of the home, parenting arrangements, and each person’s legal rights and obligations. She strongly recommended obtaining legal advice before making this decision, as moving out can have practical and emotional implications even if it does not affect financial entitlements.

Alyssa also addressed misconceptions around possession of the matrimonial home. She explained that, in many cases, both spouses are entitled to remain in the home after separation, regardless of whether the property is jointly or solely owned. One spouse cannot simply force the other to leave, sell, or refinance the property without consent before matters are resolved. Importantly, she clarified that leaving the home does not eliminate a person’s financial rights, which are determined based on the date of separation.

Financial considerations were another key focus. Alyssa outlined how child support is calculated using legislated guidelines once income and parenting arrangements are determined. Spousal support, by contrast, involves a more complex legal analysis, with guidelines providing ranges but requiring an assessment of entitlement. The conversation also touched on cost, with Alyssa noting that an uncontested divorce without parenting or property disputes may cost a few thousand dollars, while litigation involving conflict over children or assets can be significantly more expensive.

Finally, Alyssa spoke about parenting after separation. She encouraged parents to separate their feelings about the relationship from their roles as co-parents and to focus on what will work best for their children in the long term. Maintaining control over parenting decisions, rather than leaving them to a judge, was highlighted as an important goal whenever possible.