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Hi, my name is Shana Gordon-Katz and I an associate here at Feldstein Family Law Group. In today’s video, I will be discussing some common questions clients ask when they know or suspect that a spouse is having an affair.
Firstly, it is important to note that Canada has a no-fault divorce system. Basically, this means that infidelity has no impact on how much child or spousal support you are to receive, how your property will be divided, or how much time your spouse will have with your children.
Can I and should I tell my child/children that my spouse cheated?
The answer to that is no. It is best not to discuss the adult issues surrounding your separation with your child, as they may feel pain or resentment towards the cheating parent, feeling as though the cheating parent broke the family apart or that they are a ‘bad parent’. It may be beneficial to speak to a professional about the best way to talk to your child about your separation and the divorce, but not discuss the affair.
Can I remove the funds from the joint account?
Revenge is never a positive thing and so it will not benefit you in any way to remove the funds in the joint account out of spite or anger. If you are concerned that significant funds are being removed from the joint account for the benefit of the new partner or that you run the risk of your partner depleting the joint account before you do in anticipation of a separation, then you may want to consider obtaining a Court Order preventing your spouse from doing this. This would involve asking the Court to ‘freeze’ a particular account until it is appropriate to release the funds or until the two of you have agreed upon the division of the funds in the account.
Can I change the locks on my cheating spouse?
Clients often inquire about whether the locks can be changed on the matrimonial home if the one spouse finds out the other party is cheating. The simple answer is no, you cannot. Even though this is a very emotional time, your actions can have long-term effects on your family law matter and it is very important to note that the home may be considered the ‘matrimonial home’ (if you are married), which means that both spouses have an equal entitlement to remain in the home post-separation, regardless of who is on title. If you are common law spouses, but jointly own the property, you still cannot change the locks. Remember that the optics of your case matter and every decision that you make can impact your case.
Thank you for watching today. If you need more information regarding your separation or divorce, please feel free to visit our website at www.separation.ca or call us at (905) 581-7222 to schedule a consultation.