My husband had an affair. Does this change the amount of support I can receive or the way we divide our property in Nova Scotia.

An Affair Does Not Affect Division of Property or Support in Nova Scotia

In Nova Scotia, we have what we call “no fault” divorce. This means that we do not take into consideration the “why” of the breakdown of the marriage, at least when it comes to the financial aspects, such as spousal support or division of property. In short, in Nova Scotia you will not be entitled to more or less support or other property because your ex-spouse had an affair or was abusive.

While it may seem unfair that there is no recourse against a spouse who has single-handedly destroyed a marriage, the reasons for this are actually related to justice. By removing any investigation into which spouse is responsible for the breakdown of the marriage, we eliminated the ability of one spouse (traditionally men) to accuse the other of being a “bad spouse” (traditionally women) and get out of supporting that spouse.

Courts Consider a list of Factors to Determine Support and Division of Property

In Nova Scotia, spousal support and division of assets can be a complicated thing to work out. It’s always a good idea to get legal advice about your rights and obligations when going through a divorce. Factors such as length of the marriage, the roles of each party in the marriage, and the ability of each party to be able to support themselves following the end of the marriage are considered when determining the division of assets and the possibility of support.

By: Anastacia DesLauriers – Lawyer

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