“Dexter” star, Michael C. Hall and his onscreen sister, Jennifer
Carpenter are divorcing after almost two years of marriage. Jennifer filed
for divorce last week and cited “irreconcilable differences”
as the reason for divorce after the couple has been separated since August
9, 2010. Jennifer is also seeking spousal support.
What would happen if these two lived in Ontario?
In Ontario, pursuant to the
Divorce Act, when parties wish to obtain a divorce they must show that there has been
a breakdown of the marriage, which can only be establish if:
- the spouses have lived separate and apart for at least one year immediately
preceding the determination of the divorce proceeding and were living
separate and apart at the commencement of the proceeding; or -
the spouse against whom the divorce proceeding is brought has, since celebration
of the marriage:- committed adultery; or
- treated the other spouse with physical or mental cruelty.
As Michael and Jennifer have only been separated since August 2010, they
will have to show a court that from that time until August 2011, they
had actually been living separate and apart, or that either of them had
the intention to live separate and apart from the other. If they are able
to demonstrate this, they would able to be granted a Divorce Order in
August 2011, and same would take effect thirty days from the date of the
Order. The period of one year would not be considered to be interrupted
where Michael or Jennifer became incapable of forming or having an intention
to live separate and apart or where the spouses resume living together
for the purposes of reconciliation as long as this period does not amount
to more than a total of ninety days.
Therefore, if Michael and Jennifer decided to attempt reconciliation as
long as the total cumulative amount of time that they attempt to do so
does not amount to more than ninety days, they would still be able to
obtain their Divorce Order in August 2011 if they chose to do so.
It is reported that Jennifer’s Petition (known as an Application in
Ontario), cited irreconcilable differences as the reason for divorce.
In Ontario this would be akin to paragraph A above whereby the parties
establish a breakdown of the marriage based on the parties living separate
and apart. There have been rumors that Michael cheated on Jennifer with
“Dexter” co-star, Julia Stiles. If this were the case, and if
Jennifer had claimed “adultery” as the reason for the breakdown
of the marriage in Ontario, the one-year period would be relaxed and she
may be able to obtain a Divorce Order before the one-year period expired.
As the adultery rumors have been vehemently denied and as Jennifer did
not cite this as part of her Petition to the Los Angeles Court, we can
assume that the reason claimed for breakdown of the marriage in Ontario
would likely not be adultery, and therefore, the couple would have to
wait the one-year period as discussed above.
Spousal Support
If Jennifer were to bring this claim in Ontario, the Court would first
consider whether she was entitled to support. In order to determine this
is entitlement the Court would look at such factors as whether she is
in need of support, or if she had made a contribution to the marriage
that requires she be compensated for.
Based on the known facts of this case, as actors on a successful TV series,
both parties are likely high income earners. While Michael is a well known
actor who has been on other successful TV series such as “Six Feet
Under,” based on the assumption that they are both making a very
good living as actors, it would be difficult to prove that Jennifer is
in need of support. However, if she is able to show that she contributed
to the marriage in a way that she should be compensated for, then a Court
may determine that she is entitled to support from Michael. In this case,
as the parties were only married for 19 months when they separated, and
Michael was an award-winning actor before the marriage, it would likely
be difficult to show that Jennifer contributed to the marriage in such
a way that she should be compensated. Some may argue that because she
stood by his side last year while he battled Hodkins Lymphoma that should
be taken into account when considering whether she should receive compensatory
support. While it was noble of her, it is most likely not something that
the Court would consider compensating her for. Therefore, based on what
is known about the facts of this matter at this time, it would be unlikely
that Jennifer would be entitled to
spousal support.