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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If you have any questions about Family Law you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Family Matters Consult for $500+HST where you have the opportunity to explain your situation to a lawyer, get basic advice and a written summary before deciding whether or not you'd like to retain us.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers