Separation and the Law: Difference between revisions
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==Things to think about after separation== | ==Things to think about after separation== | ||
Once you've separated there a few things you may want do, change or adjust to reflect the new circumstances of your relationship with your spouse. | Once you've separated there a few things you may want to do, change, or adjust to reflect the new circumstances of your relationship with your spouse. | ||
===Bank accounts and credit cards=== | ===Bank accounts and credit cards=== | ||
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===Insurance policies, pensions and RRSPs=== | ===Insurance policies, pensions and RRSPs=== | ||
You may wish to change the beneficiary of your insurance policies, pensions and RRSP accounts if your spouse is the present beneficiary. If your spouse is the irrevocable beneficiary such an account, your bank or insurance company may require your spouse's consent to remove his or her name as a beneficiary. | You may wish to change the beneficiary of your insurance policies, pensions, and RRSP accounts if your spouse is the present beneficiary. If your spouse is the irrevocable beneficiary on such an account, your bank or insurance company may require your spouse's consent to remove his or her name as a beneficiary. | ||
===Wills=== | ===Wills=== | ||
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Separation may stop an unmarried spouse from making claims under the ''[http://canlii.ca/t/840g Estate Administration Act]'' and the ''[http://canlii.ca/t/84g0 Wills Variation Act]''. These laws allow an unmarried spouse to claim a share of the estate of his or her deceased spouse, but only if the spouses were living together at the time of the death. | Separation may stop an unmarried spouse from making claims under the ''[http://canlii.ca/t/840g Estate Administration Act]'' and the ''[http://canlii.ca/t/84g0 Wills Variation Act]''. These laws allow an unmarried spouse to claim a share of the estate of his or her deceased spouse, but only if the spouses were living together at the time of the death. | ||
Separation has no effect on the ability of married spouses to make claims under the ''Estate Administration Act'' and the ''Wills Variation Act''. Married spouses claim a share of the estate of | Separation has no effect on the ability of married spouses to make claims under the ''Estate Administration Act'' and the ''Wills Variation Act''. Married spouses can claim a share of the estate of the deceased spouse as long as they are still married, whether they're separated or not. | ||
As a result of these laws, if you don't have a will, you should make one if you don't want | As a result of these laws, if you don't have a will, you should make one if you don't want your spouse to share in your estate. If you do have a will, you may want to change it. Special wording is normally used when married spouses change a will after separation, usually something along these lines: | ||
<blockquote>"I make this my will following my separation from [name], my [wife/husband], and in contemplation of my divorce from [name], to whom I leave nothing as [she/he] is well provided for."</blockquote> | <blockquote>"I make this my will following my separation from [name], my [wife/husband], and in contemplation of my divorce from [name], to whom I leave nothing as [she/he] is well provided for."</blockquote> | ||
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===Powers of attorney and other authorizations=== | ===Powers of attorney and other authorizations=== | ||
Spouses often have mutual powers of attorney, that is, each spouse may have a power of attorney | Spouses often have mutual powers of attorney, that is, each spouse may have a power of attorney that gives him or her authority over the other spouse's affairs should the other spouse become unable to manage them. If your spouse has power of attorney over your affairs, you may want to revoke (cancel) the power of attorney. You do not need your spouse's agreement to cancel a power of attorney. | ||
If you want to revoke a power of attorney or a similar type of authorization, you should contact a lawyer to have the proper documents drawn up. | If you want to revoke a power of attorney or a similar type of authorization, you should contact a lawyer to have the proper documents drawn up. | ||
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Normally, spouses and children are still covered by the other spouse's health insurance for a period of time after separation. Coverage for children usually ends once the children turn 19; coverage for married spouses will almost always ends on divorce, but coverage for unmarried spouses may end when the parties stop living together. You should contact the people who administer your insurance plan for more information as different plans have different rules about the eligibility of spouses as beneficiaries following separation. | Normally, spouses and children are still covered by the other spouse's health insurance for a period of time after separation. Coverage for children usually ends once the children turn 19; coverage for married spouses will almost always ends on divorce, but coverage for unmarried spouses may end when the parties stop living together. You should contact the people who administer your insurance plan for more information as different plans have different rules about the eligibility of spouses as beneficiaries following separation. | ||
For most people, maintaining spousal benefits cost little or nothing. | For most people, maintaining spousal benefits cost little or nothing. If that's the case, consider leaving your spouse's coverage in place for as long as your plan allows; it will appear rather mean-spirited if you cancel your spouse's benefits. Whatever you do, don't cancel the children's benefits! | ||
===Finances and assets=== | ===Finances and assets=== | ||
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*your passport and your children's passports. | *your passport and your children's passports. | ||
You may also wish to take a fair share, half or less than half, of the household property such as the children's clothing, the furniture and your personal effects. However, I would really encourage you to think twice about this and proceed with caution. Yes, the odds are quite good that half the common household property is yours, but the last thing you want to do after separation is to ramp up the tension any further | You may also wish to take a fair share, half or less than half, of the household property such as the children's clothing, the furniture, and your personal effects. However, I would really encourage you to think twice about this and proceed with caution. Yes, the odds are quite good that half the common household property is yours, but the last thing you want to do after separation is to ramp up the tension any further. If you absolutely cannot live without the dish set, then take the dish set, but otherwise it may be best to leave the dish set at home. Nothing looks worse than the spouse who takes half the glasses, half the cutlery, half of a dining room suite and half of the living room furniture. | ||
Now, this may seem a bit pessimistic, but you should also take a list of all of the property your spouse owns in his or her own name and of all the things the two of you own jointly. A detailed list, including balances and account numbers and serial numbers, would be ideal, but even something as simple as a list of the financial and other institutions you and your spouse deal with will do. You can collect that information by writing down the names and addresses of the people who are sending you spouse statements; you don't even have to open the envelopes. This information could prove invaluable if you wind up in an argument about who owns what or the extent of the family property and family debt. | Now, this may seem a bit pessimistic, but you should also take a list of all of the property your spouse owns in his or her own name and of all the things the two of you own jointly. A detailed list, including balances and account numbers and serial numbers, would be ideal, but even something as simple as a list of the financial and other institutions you and your spouse deal with will do. You can collect that information by writing down the names and addresses of the people who are sending you spouse statements; you don't even have to open the envelopes. This information could prove invaluable if you wind up in an argument about who owns what or the extent of the family property and family debt. | ||