680 News: COVID Clause - Featuring Alyssa Bach, Shulman & Partners

In a 680 News segment, Stuart McGinn discussed how the pandemic has affected families not only financially, but personally, with rising divorce and separation inquiries. Alyssa Bach, Associate Lawyer at Shulman & Partners LLP, shared what her practice has been seeing and how separating couples are trying to plan around uncertainty. She explained that early in the pandemic, many questions focused on parenting schedules and how to follow shifting government protocols. More recently, financial pressure has become a major driver of conflict and negotiation. The segment introduced the idea of a COVID clause, a practical tool that can help couples reach agreements now while building in a structured way to revisit key terms later if circumstances change.

“We’ve seen approximately a 40% increase in calls inquiring about separation, parenting issues, and financial issues.”
— Alyssa Bach, Associate Lawyer at Shulman & Partners LLP

Alyssa explained that her firm has seen a significant increase in inquiries during the pandemic, including questions about separation, parenting, and finances. She noted that at the start, many parents were trying to figure out how to manage schedules while government protocols kept changing. Over time, the issues shifted more heavily toward financial uncertainty.

To address the unknowns, Alyssa described using a COVID clause in separation agreements. The idea is to set a workable arrangement now while agreeing that certain terms can be reviewed later. She gave examples of circumstances where this can help, including income fluctuation from job loss or changes in work schedules that affect parenting time. Planning for those possibilities can help parties avoid getting stuck in negotiations because they cannot predict what the next few months will look like.

She also noted that some couples are making practical decisions about assets during separation. For example, some may choose to hold onto a home together temporarily to maximize the timing of a sale. Similarly, if investments have declined, parties may consider waiting for values to recover before finalizing the split. The overall theme was flexibility and forward planning so agreements can hold up even when circumstances remain uncertain.

Listen to the full 680 News segment here. 

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media  archive.