While divorce is often difficult for most Ontario individuals, it can be harder on women. Women may have financial difficulty during the divorce process because they may not have their own income, but their household itself may have too much income to qualify for free legal assistance.
There are several steps that women can take when they know divorce is in their near future. It is pivotal that they establish their own financial autonomy because they must be able to pay for legal costs upfront. This may require that they establish their own credit separate from their spouse during the marriage.
Although women are usually entitled to 50 percent of the marital property, including a house, retirement accounts and half of the amount in the joint bank account, these types of assets may not have significant funds in them or may not be easy to liquidate. The average cost of a divorce can be difficult to determine because the costs can go up each time that the individuals go to court, including attempts to obtain child or spousal support.
One of the most contentious aspects of a divorce is dividing property. Women must proactively protect their assets. For example, in Alberta, a woman must commence legal action within one year of learning that her husband is attempting to sell or donate property that also belongs to her. Additionally, women may encounter unique problems if they are mothers. For example, wives need their spouse’s consent to travel with their children out of the country. Mothers can cut down on some of the expense by trying to reach an amicable decision about a travel plan so that they do not have to return to court and pay additional fees for the litigation.
If a husband and wife generally agree over property and other aspects of their divorce, lawyers may be able to execute a desk divorce. This process includes filing necessary documents and can speed up the process. If not, a lawyer can assist in other legal processes of divorce.
Source: St. Albert Gazette, “Women need financial plan for divorce“, Nicole Starker Campbell, June 25, 2014