The thought of separation for every married couple is a scary and painful thing. But still, we need to take such a drastic step when there are no other options left ahead.
We often hear about a wife’s rights in separation. But as a husband, do you know about the husband’s rights in separation. If you don’t, then go through this article to know all these that you must know while thinking of getting separated.
As Canada is a fully democratic country, it has made such laws for both men and women equally so that no gender can say they are deprived of their rights or given more privilege.
In fact, you will be surprised to know about the husband’s rights, they can also take financial support from their wives if the child stays with them and the wife is wealthier than him. However, the rights may vary depending on the state’s laws, the judges, and varied other situations.
Husband’s Rights in Separation
The separation process is a complex, lengthier, and expensive process as there various rules of separation in a marriage that you ought to follow to get your desired result. Any mistakes or breaches of those rules may cost you heavily, and the outcome may upset you. That’s why it is better to counsel a skilled and experienced divorce lawyer to get advice and fight the case on behalf of you.
However, we have made a list of the key points that you need to know while getting separated for your betterment. Certainly, knowing about these crucial things beforehand will help you before and during the separation process undoubtedly.
Does A Husband Have to Support His Wife During Separation?
After separation, many husbands have doubts regarding whether they need to pay spousal maintenance to their wife or not or what rights does a legally separated spouse has? Well, no one can precisely say that you need to give or not or the specific amount as the final result depends on the court’s verdict.
Whether a husband will support his wife during a separation or not will mainly depend on the court’s verdict. The court will study the whole case first and then will consider both the spouse’s financial condition. Before giving the final verdict, the things they look into are:
- Age and health, like whether they are fit enough to do work for supporting themselves or not.
- Earnings, assets, and other varied economic resources like pension incomes
- Do they own a house or not?
- Has the relationship affected their earnings, such as one partner stayed at home to take care of the children and also has no higher-level education or job skills
Even if the applicant’s spouse is in dire need of financial help, the court cannot still pass a verdict until they get confirmation that the other person (respondent) will not have any problem paying the spousal maintenance. As if s/he earns less than the maintenance amount, then it is quite impossible on his or her behalf to pay it.
Hence, the better idea to go for is to ask for reasonable spousal maintenance (only including the vital things that you cannot bear totally) that the court is likely to support.
In fact, asking for a maintenance amount that is too high can lead to running the case for too much time, and there is no guarantee of whether you will win the case or not.
What Rights do I Have If I Separate from My Husband?
Even if you get separated from your husband, you will still have the legal right to various things such as economic support or property. And in the case of children, it will vary more on different factors.
According to law, a person may need to pay spousal maintenance to their former partner even after getting legally separated. It varies from case to case and is applicable when you are by law married, in a common-law relationship with children, or at a common-law relationship for at least 3 years without any children.
In the children’s case, the parent with whom the child doesn’t live will have to pay child support to the custodial parent. The spousal maintenance and child support are imposed by the FRO (Family Responsibility Officer). They collect the payment and then passed it to the rightful owner. Moreover, the FRO has full right to take action if the non-custodial doesn’t pay within due time without any valid reasons.
But if there is no proof that one needs to pay spousal or child support, then the FRO cannot help you no matter how much you need it or if it is your legal right. Hence, if you think that you are eligible for either spousal maintenance or child support, then take help from a lawyer for fighting the case on behalf of you.
Rights to Property After Separation
After getting married, the couples may need to pay a certain amount of money to each other. This type of payment is known as an equalization payment. But it is quite tough to calculate the accurate amount, and also, there are varied rules and restrictions that you require to maintain while making the final payment decision.
In case you are in a common-law relationship, you cannot automatically apply for this right, but there can also be exceptions to these. As in this type of relationship, each partner can keep properties and assets under their name without any restrictions.
If you and your partner have signed any written separation contract in front of an eyewitness, then it will affect your property rights. Hence, you must always take advice from a skilled and experienced lawyer before signing any contract. Otherwise, a small mistake can have an enormous impact on your life for which you may need to regret later on.
Canada Pension Plan (CPP) Credits
The pension plan is the amount of money you and your partner have saved together while you were in a relationship. But after getting separated, it needs to be equally divided among both of you.
This division of the amount is known as a Credit split. That is, your partner will get his or her portion, and you will get yours. This CPP credit is only for those who were legally married and were in a common-law relationship.
Who Gets to Stay in the House During Separation?
Whenever a married couple gets separated, both get an equal right to stay in their marital house with family. Generally, the couples who are not legally separated but living apart also has the right to stay in that house the same as the one who is living if the court allows it.
In fact, in such cases, without the other partner’s consent, you are not permitted to sell, lease or mortgage the marital house. If you do, then the other half will have the full power to take legal action against you.
But if the house solely belongs to one partner, then only s/he has the right to stay in that house if they have no children together. In the case of children, both get to stay in the house during separation.
What Are a Wife’s Rights in a Separation?
Along with the husband’s rights, some rights are entitled as with wife’s rights. However, these rights may vary depending on the court. But for your convenience, we have made a list of the most common rights of the wife’s:
- Alimony and Assets distribution
- Normally, if the child is a minor, then the mother gets more privilege, and the child gets to stay with the mother. Hence the child custody and support go to the mother if the child stays with her.
- Marital house rights, such as the wife could stay in the house if she wants during and after the separation if they owned that house.
- The wife will get an equal amount of share if they have any joint accounts.
What Should You Not Do During Separation?
Ending a marriage is a very complicated thing that doesn’t end in the blink of an eye. It takes a lot of time in most cases. So, at that time, when your marriage is not officially broken, you cannot even tell that you’re single.
While you are in your separation period, you need to consider plenty of factors that you should avoid doing at all costs. Below is a list of things that you must not do during your separation time.
a. Stay in Your Marital House
If you have children the best is to stay in your house. The sole reason behind these is that you get to stay around your children, and as a parent, you know what I meant. Otherwise, you will not be able to meet and spend quality time with your children.
In fact, you will be surprised to know that if you move out in a matter of rage, along with your children, you will lose the chance of getting your personal assets back during the separation procedure. Hence the smarter option is to stay in the house.
b. Don’t Say about Your Divorce to Anyone
Until your divorce is fully finalized and officially broken, you must not tell anyone about it. As it is a personal secret between you and your partner that you should disclose to anyone. Instead, respect and uphold that till the last time you get finally separated, thinking about the time you have spent together.
c. Don’t Change The Status
Normally, after getting separated, we don’t like to keep the status the same. But if one has children, it is better to maintain the same status until you are married to someone else.
In fact, changing the status also takes a lot of time and procedure if that name is used in issues like electricity bills, passports, etc. Additionally, if you used to pick the children from school, it is better to keep doing that as in this way your children will be happy, and other people will not get any chance to gossip around.
d. Maintain Communication
After spending so much together and getting divorced, you obviously will not want to keep any connection. Keeping any communication may arouse pain, anger, lots of sweet and sorrowful memories. Still, the best is to maintain communication peacefully, especially if you have children together, at least for their sake.
Although legal separation has several advantages, it also comes with a lot of disadvantages. And the number 1 disadvantage of legal separation is the mental stress that one needs to go through along with the financial crisis.
That’s why to make the process easier and simple, it is better to talk with a lawyer as no one other him or her will give you the best solution. Furthermore, you will understand the husband’s rights in the separation of the above-stated things in detail.