1. There’s no difference between getting married and just living together, right?
Wrong. On some issues, such as child support, whether you are married may not matter much; but on other issues, such as property division, it can make a big difference. For example, legislation outlines how married people should divide their assets after they separate. This is does not apply to common law spouses. Also, if you’re married you likely have the right to stay in your home, regardless of who owns it. The same may not be true for couples who never married.
2. If my ex cheated, I’ll get more out of separation.
This is not true. Except in exceptional circumstances, adultery and infidelity do not matter in a family law context. Although this may be very important to you, it is likely unimportant to the resolution of your family law matter.
3. When you separate, you just split everything 50/50.
Although this may sometimes be the case, property division is not as simple as splitting everything equally. Some assets are not split at all and others are split differently depending on whether it is jointly or solely owned. When it comes to sharing income, complex Guidelines are used to help determine how much, if any, support is payable.
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