Feb 3, 2020

Legal Rights of Men & Women After Divorce

After getting separated or divorced, both the spouses proceed to look after their legal rights in Canada. The legal rights are applicable to both men and women in Canada. But the rights will depend upon certain aspects like legal marriage, children, income source, property deviation, etc.

According to the best divorce lawyers in Ottawa, some legal rights have been authorized to both spouses for their life expenditures. So, here are some rights that are applicable to both:
Economic support

Women’s rights: In case the spouses were legally married or in common law relation, then former spouses have to pay spousal support to women to consolidate their child and her expenditure if she has no or less income source.

Men’s right: In case women have no income source and want to have custody of a child; then men need to pay the spousal support to the women.

However, if the women are having better income sources and doing a better job, then men can consult a divorce lawyer in Ottawa, and argue that she now has better income and higher income been credited to her. By showing higher income evidence to the judge, men can ask for reducing spousal support.

Property deviations

Both women and men's rights: According to the divorce mediation Ottawa, if the spouses are legally married, then after the separation, both the spouses get equal property deviations and rights as per their name.

However, in case if you are in a common-law relationship and getting separated, then there is no such law that applies to equal division. They will hold the property that is owned by individual spouses. There is no need for such property division.

The Canada pension plan after divorce

Both men and women's rights: As per the laws, the Canada pension plan credited to the spouses while they are together will be sum up together, and after calculating, it will be distributed between both the spouses equally. This is also known as credit splitting. But the plan is only applicable for the legally married spouses and also for common-law relationship spouses.

Child custody rights

Both women and men's rights: According to the family lawyers in Ottawa, both the spouses can have 50% equal rights to child care in which they can both offer spousal support to meet with their child care expenses.

However, if the women have child custody, then men need to pay the spousal support for both mother and children to meet with their expenses.

In some cases, if women are having custody and have better income sources, then men can pay for less spousal support and keep this in front of the judge too.

Spousal support duration and its valid amount

The amount of spousal support and its period will depend upon certain factors like:
     It depends on the years of marriage staying
     The spousal support depends upon the income source of both men and women
     The custody of the child and who is taking care of him/her the most
     Amount of property both the spouses have
     If they don’t have children, then spousal support duration and amount will be reduced


After divorce, both spouses have to meet their legal rights to entertain their life and its expenses. Although there are equal rights applicable to both women and men after getting divorced. But there are some criteria to look after before proceeding for legal rights.

The amount of spousal support and other deviations will be based upon both income source and child care custody. These legal rights help to sustain life after divorce in better ways without troubling each other.


Voted as one of the Best Divorce Lawyers in Ottawa, Jeffrey Langevin is the managing partner of Langevin Morris Smith. With years of experience in family law practice, he has successfully helped numerous individuals seeking to retain his services or the services of the firm. Jeffrey is known for vigorously defending his clients and well suited for family law cases in Ottawa.

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