Global News: Recording Former Spouses - Featuring Alyssa Bach, Shulman & Partners

As phones, apps, and smart devices become part of everyday life, many people going through separation feel tempted to search for proof of infidelity or to record interactions to “build a case.” In a Global News Radio interview, Alyssa Bach, Associate Lawyer at Shulman & Partners LLP, explained why that instinct can backfire in Ontario family law. She discussed how Canada’s no-fault divorce system means evidence of cheating usually does not change legal outcomes, and how privacy rules can still apply even between spouses. Alyssa also addressed how recording can escalate conflict in parenting situations and increase stress for children. Her insights are a reminder that the most effective legal strategy is rarely the most reactive one.

“There are Canadian laws that protect privacy, and that is applicable even between spouses.”
— Alyssa Bach, Associate Lawyer and Team Lead at Shulman & Partners LLP

In the interview, Alyssa addressed a common scenario: someone suspects their partner is cheating and turns to technology for answers. That can look like checking texts, social media, photos, call logs, or even using recordings to capture what they believe is wrongdoing. She explained why this approach often feels satisfying emotionally but tends to have limited value legally.

A key point she raised is that Canada operates under a no-fault divorce system. In practical terms, that means infidelity can be painful and may affect how someone feels about the relationship, but it generally does not affect how a divorce proceeds, how property is divided, or what support will be paid. Alyssa noted that many people struggle with this because they expect cheating to lead to a legal consequence, such as receiving a larger share of assets or higher support. In most cases, it does not work that way, even when the evidence feels clear to the person who found it.

She also cautioned about the privacy risks involved in collecting evidence. Alyssa described how technology-related misconduct can range from having access to a partner’s passwords to more serious behaviour like secretly recording conversations or using spyware or keylogging. She emphasized that privacy protections can still apply between spouses, and that evidence gathered through questionable methods can harm the person who collected it, including their credibility.

Alyssa also discussed how recording can complicate parenting disputes. She explained that when parents record exchanges or try to capture conflict, a judge may see the situation as becoming more hostile rather than more resolved. She pointed out the real-life impact on children, who may feel anxious or on edge when they see a parent filming during an already stressful transition. She also flagged the serious concern of recording children to elicit statements about where they want to live, which courts tend to view very negatively.

Her overall guidance was to take a step back. Even if someone sees something they cannot unsee, it is important to understand that it is unlikely to change the legal outcome, and that escalating conflict through surveillance or recording can make the separation process harder for everyone involved.

Listen to the full Global 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.