3 Types of Complex Family Law Matters

Posted on February 20, 2024

3 Types of Complex Family Law Matters

When substantial assets are involved, the intricacies of family law tend to become even more complex, requiring the expertise of an experienced civil litigation lawyer well-versed in family law. Many legal issues can complicate traditional family law conflicts, such as divorce and custody suits, primarily the division of assets. If you suspect you are not getting what's rightfully yours, engage a skilled family lawyer specializing in the division of assets and civil litigation. The indispensable expertise of the family and civil lawyers at Karrass Law will provide you with the high-level knowledge of two lawyers in one. 

Here are three types of complex family law matters that typically require the professional guidance of an experienced civil lawyer in Toronto.

The Matrimonial Home

The home couples buy as a married couple is where they intend to build their life together. When that relationship ends in divorce, and it comes time to determine how to divide or allocate the matrimonial home, matters can quickly become contentious due to the property's financial value and emotional sentiment. The matrimonial home sometimes follows different standards of rules than other properties being split during a divorce. Because of the complexities involving who has rights to the house, it's best to consult with your division of assets lawyers about who the home will go to. 

Generally, most property owned before marriage is excluded from the division of assets calculation after separation. But, the matrimonial home (or the primary residence occupied during marriage) is treated differently. Regardless of who's name is on the title of the house, both parties may have a right to the property. The status of a matrimonial home can vary, as can each party's rights to it, depending on several factors, including domestic or marriage contracts. 

A division of assets lawyer can help navigate the complex rules surrounding the matrimonial home, advising on legal rights, options for selling or buying out the home, and how to handle the mortgage. They ensure that the division of this significant asset is dealt with fairly, considering both parties' emotional and financial well-being.

Excluded Property

Despite popular belief, not all property owned by each party is subject to division during divorce. This can be anything from businesses and inheritances to legal settlements and more. However, any appreciation or growth in the value of these financial assets after marriage is considered shared by both parties, depending on preexisting marital contracts. The rights to these financial assets during divorce can become contentious due to their complicated status throughout a marriage. Here, a division of an assets lawyer can help you identify what's rightfully yours and advocate for you during divorce proceedings. Due to the inherent complexities of excluded property, this process requires meticulous attention to detail and a deep understanding of family law, making the expertise of both a family lawyer and a civil lawyer invaluable.

Spousal Support or Alimony

Spousal support, or alimony, is another complex area of family law designed to provide financial assistance to a spouse who may be disadvantaged by the divorce. The determination of spousal support involves various factors:

  • Length of the Marriage: Generally, the longer the marriage, the more likely spousal support will be awarded, with longer durations potentially leading to support payments.
  • Roles During the Marriage: Courts often consider the roles each spouse played, particularly if one spouse sacrificed career opportunities for the sake of the marriage or family.
  • Income and Potential Earning Capacity: The current and probable future earnings of both spouses are examined. This includes assessing any disparities in income and the capacity of each spouse to become self-sufficient.
  • Lifestyle During the Marriage: The standard of living established during the marriage is a factor, with efforts made to ensure that neither spouse experiences a drastic and unfair reduction in their living standards post-divorce.

A civil litigation lawyer at Karrass Law with experience in family law can represent your interests, whether you are seeking spousal support or challenging a claim for it. Our team can help negotiate an agreement that considers the financial realities of both parties and, if necessary, advocate for your interests in court.

Manage Complex Family Matters Confidently with Karrass Law

Our team of legal experts and professionals is experienced with various legal situations that 
arise during the end of a marriage or relationship. Our family lawyers understand the nuances of these matters and can navigate these situations effectively. We will fight for what's rightfully yours. Contact us today to learn more about how we can help you during this process. 


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