For spousal support, you must cohabitate for 3 years (or less if you have a child together). For tax purposes (CRA), you are considered common-law after only 1 year. It is a common myth that property rights change after a certain number of years; in Ontario, they do...
Knowledge Base
Common Law
Can I claim spousal support after a common-law breakup?
Yes. If you have lived together for at least 3 years, or if you have a child and have lived in a relationship of "some permanence," the lower-earning partner can claim spousal support to help bridge the financial gap after the separation.
Who gets the dog/pets in a common-law separation?
Legally, pets are "property," but mediation allows for a more compassionate approach. We help you create a "Pet Parenting Plan" that covers a shared schedule, how to split vet bills, and who makes decisions about the animal's care, ensuring the pet's well-being is the...
Finance
Do we have to split our RRSPs and investments?
Yes, but you must account for "notional tax." Because an RRSP has a future tax liability, its value is often discounted (usually by 20-25%) when calculating the equalization payment. Under the Income Tax Act, you can transfer RRSP funds between spouses "tax-free"...
How do we divide frequent flyer miles or digital loyalty points?
In 2026, loyalty points (Aeroplan, PC Optimum, Marriott Bonvoy) are viewed as property with real economic value. We can either divide the points directly between accounts (if the program allows) or calculate their cash equivalent and "trade" them for a different asset...
Who is responsible for the mortgage during the separation year?
Legally, if both names are on the mortgage, both are responsible to the bank. In mediation, we create an "Interim Agreement" that specifies who pays the monthly mortgage and utilities. This protects both of your credit scores while you wait for the home to be sold or...
How We Work
Why is “Courtless” becoming the new standard in Ontario?
Because the traditional court system is built for "battle," and most families just want "resolution." Courtless mediation saves money, preserves your mental health, and—most importantly—allows you to remain the author of your own life rather than leaving it to a...
How do we divide Cryptocurrency or NFTs in a separation?
Digital assets are property, plain and simple. We value your Bitcoin, Ethereum, or NFTs based on their CAD market value on the "Date of Separation." We then include that value in your total equalization math. For high-volatility assets, we can sometimes negotiate a...
What happens to our Netflix, Spotify, and shared digital subscriptions?
While these seem small, they are part of your post-separation lifestyle. We decide who will keep the "primary" account and who will start a new one. We also discuss who retains access to shared digital photo libraries or cloud storage to ensure your memories are...
Kids and Divorce
Do I still pay child support if we have 50/50 shared parenting?
Shared parenting (where each parent has at least 40% time) does not mean "no support." In most cases, the "set-off" method applies: you calculate what each parent would pay the other, and the higher earner pays the difference. This ensures the children have a similar...
How do we create a “Parenting Plan” without a lawyer?
At Legal Boutique, we facilitate virtual sessions where you decide on daily schedules, holiday rotations, and decision-making for the kids. We draft these into a formal "Parenting Plan" that is clear, predictable, and focused on reducing transition stress for the...
What is the difference between “Decision-Making” and “Parenting Time”?
Decision-Making Responsibility (formerly custody) is about the big-picture choices: health care, education, and religion. Parenting Time (formerly access) is the actual schedule of when the kids are with you. Most amicable couples choose "Joint Decision-Making" but...
Logistics of Separation
How do I book a discovery call with Legal Boutique?
You can book directly on our website via our real-time digital calendar. We offer a free 15-minute "Discovery Call" to hear about your situation, answer your process questions, and confirm if our courtless approach is the right fit for your family.
Do you offer flat-fee packages for simple divorces?
Yes. Once your Separation Agreement is signed and the one-year separation period is complete, we offer a separate flat-fee service to handle the entire "Simple Divorce" court filing for you, ensuring the paperwork is done correctly and efficiently.
How long does the entire Legal Boutique process take?
Most of our clients go from their first session to a fully signed agreement in 2 to 4 months. This depends on how quickly you gather your financial disclosure. Compared to the 12-24 months typical in the court system, our process is significantly more efficient.
The Process
Do I need a separation agreement if we don’t have kids?
Yes. Even without children, a separation agreement is vital to formally "waive" or set the terms for spousal support and to finalize the division of property and debts. Without a signed agreement, your ex-spouse could potentially...
How do I prove our separation date to the court?
If your date of separation is challenged, the court looks for "external markers" of a breakup. This includes moving into separate residences, changing your marital status on CRA filings, notifying bank or insurance providers, or—most importantly—having that date...
What happens if my spouse won’t sign the separation agreement?
If a spouse refuses to sign, we first look at the "Why." Often, it is a lack of information or a feeling of unfairness. We use "Shuttle Mediation" to address these concerns privately. If the impasse remains, you may need a lawyer to send a formal offer, but most...
Safety and Mutual Respect
How do we tell our children about the separation?
We recommend a "unified" approach: telling the kids together in a calm environment. Focus on the facts (e.g., "Mom and Dad will have two houses") and emphasize that it is not their fault. We provide clients with age-appropriate scripts and resources to handle the "big...
Can a mediator give us legal advice?
No. A mediator is a neutral guide who provides legal information—explaining what the law says. To ensure your personal interests are fully protected, you should always have your agreement reviewed by your own lawyer (Independent Legal Advice) before you sign.
What is the “Independent Legal Advice” (ILA) step?
This is the final "safety check." Before signing your agreement, each of you takes the draft to your own lawyer. They review it to ensure you understand exactly what you are giving up and what you are getting. This makes the agreement nearly "bulletproof" against...
Based in Whitby, Serving the GTA & All of Ontario Remotely
Located in the heart of Whitby and proudly serving the Durham Region, Legal Boutique provides accessible family mediation services without the commute. While we regularly assist clients locally in Oshawa, Ajax, Pickering, and Clarington office we also offer vurtual mediation to serve the entire Greater Toronto Area (GTA) and beyond.
Areas We Serve
We have optimized our practice to serve the Greater Toronto Area (GTA) and the entire province of Ontario virtually. Whether you are avoiding the commute from Toronto or Markham, or seeking assistance from Ottawa or London, our secure remote process ensures you receive the same high-quality mediation services from the comfort of your home.
Local (In-Person or Remote)
- Oshawa
- Ajax
- Pickering
- Brooklin
- Bowmanville & Courtice
Greater Toronto Area (GTA)
-
Toronto & Scarborough
-
Markham & Richmond Hill
-
Vaughan
-
Mississauga
-
Brampton
-
Newmarket
Ontario-Wide (Remotely)
-
Ottawa
-
Hamilton
-
London
-
Kingston
-
Barrie
-
Sudbury & North
