Actor Kate Walsh and executive Alex Young separated only 14 months after
their September 2007 wedding. On February 6, 2010, the couple finalized
their divorce. This means that their divorce lasted almost as long as
their marriage.
Whether you’re getting divorced in Ontario or not, the more the parties
disagree and the more issues there are to disagree about, the longer the
divorce will take. This divorce was ugly right from the start. Young thought
Walsh was hiding income and involved all sorts of third parties, including
accountants and the Disney Corporation, in attempts to ascertain her income.
Also, because Walsh and Young were married for such a short period of
time, they had to deal with an issue that most divorcing couples don’t:
outstanding wedding expenses.
By the time of trial, two main issues had to be dealt with, namely
spousal support and division of assets.
Spousal Support
Young claimed entitlement to spousal support right from the beginning.
The court denied his claim.
Ontario courts would likely have made the same decision because Ontario
law states that parties are entitled to spousal support where they are
in need of support and/or they are entitled to compensation. Young, with
a $1 million salary, is likely not in need of support. Because Young likely
did little to contribute to Walsh’s success through work done in the
home or elsewhere, he would likely not be entitled to spousal support
for compensatory reasons.
Division of Assets
The court decided that Walsh could keep the Matrimonial Home, where she
alone had been living in since separation, and awarded Young a payment
of $627,000 for his share of the couples’ property. This is reported
to be far less than Young was expecting.
It is difficult to determine what Ontario courts would likely have done
on this issue without knowing each parties assets and liabilities, but
Ontario courts would have the option to make an unequal division of the
value of the couples’ property because they were married for such
a short period of time. Generally speaking, for marriages that last for
less than five years, Ontario courts can award an unequal division of
Net Family Property.
As for the smaller assets, such as furniture and art, the parties will
take turns choosing which items they want to keep. Whoever wins a coin
toss gets to choose first.
This is a method chosen by many Ontarians who divorce, if they cannot decide
who will keep what between themselves, because it allows each party to
decide what they will keep without having to fight over every single item
in court or through their lawyers. However, the courts in Ontario would
not typically make such an Order but they would Order the sale of all
the furniture.
Thank goodness the couple has no children. Who knows how long the divorce
would have lasted if they had to fight over custody and access too?