Alright, folks, let’s call it: we all know someone who fancies themselves a Socrates of divorce, ready to drop “ancient wisdom” about family law as easily as they drop crumbs on their keyboard. But before you take Uncle Bob’s advice on how to navigate your separation, let’s set the record straight on some of Ontario’s most rampant (and hilariously wrong) family and divorce law myths.

Myth 1: “The Kids Always Go with the Mom”

If we had a loonie for every time we heard this one! Contrary to soap opera lore, Ontario’s family courts don’t hand kids over to moms as though they’re serving hors d’oeuvres. The court considers only the best interests of the child and within it a range of factors, like each parent’s ability to care for the child, rather than defaulting to dated gender norms. So no, dads, you’re not automatically out of the running. Same-sex couples are subject to the same rules and constraints. 

Myth 2: “Pre-Nups are for Skeptics and Cynics”

Ah yes, the pre-nup—often portrayed as the romance killer. In reality, a pre-nuptial agreement is basically the legal equivalent of a fire extinguisher: you hope you never have to use it, but you’ll be darn glad it’s there if you do. It’s not about mistrust; it’s about smart, adult preparation, transparency and confidence building. 

Myth 3: “Everything’s Split 50/50, So Why Worry?”

Think you’re just going to divvy up assets like you’re sharing a pizza? Nice try! While Ontario leans towards equal division of “family property,” there are plenty of exceptions—inheritances, gifts, and even the matrimonial home can muddy these waters like a Canadian winter slush puddle.

Myth 4: “Common-Law is the Same as Marriage, Legally Speaking”

Absolutely not! Just because you’ve shacked up and shared a Netflix account doesn’t mean you have all the legal trappings of a married couple. For example, property rights are NOT automatically the same. This applies even to long term common-law couples. While they may have some legal remedies to ask for a certain value of family property, these are not automatic and may be expensive and difficult to prove. Even the definition of when you start being considered a common-law couple may change based on your circumstances. So before you count your partner’s assets as your own, maybe check with a legal expert.

Myth 5: “You Don’t Need a Lawyer—Just DIY it!”

Let’s be real: YouTube tutorials are great for fixing a leaky faucet, but divorce is not DIY territory. A single misstep can cost you time, money, and sleepless nights. Besides, an expert is far less likely to be swayed by that viral video suggesting you can pay alimony in Starbucks gift cards.

Myth 6: “Spousal Support Lasts Forever”

Sorry, or maybe you’re welcome, to break this to you: spousal support doesn’t necessarily last until you’re both trading stock tips in the retirement home. Many factors, like the length of the marriage, age and each party’s income, play a role in determining if you are eligible or how much and for how long you may be able to receive support from your spouse. No, you can’t just plan to live off your support payments like some sort of spousal trust fund. Similarly, if you are a high earning spouse, you may not be able to get out of fairly compensating your partner for their contribution or role in your marriage.

Myth 7: “Cheating Means You Get Nothing”

Morality does not usually play a role in Ontario family law. Cheating or otherwise engaging in dubious moral and ethical behaviour doesn’t automatically make you the ‘loser’ in a divorce proceeding. Ontario has a “no-fault” divorce system, meaning marital misconduct doesn’t usually affect how assets are divided or spousal support is determined. Yes, it might win you some enemies at family gatherings, but it won’t make you financially bankrupt.

In Conclusion: Facts > Fiction

The world is already full of fake news; let’s not muddy the waters with incorrect tales of Ontario’s family and divorce laws. So the next time someone offers you their unsolicited, and probably incorrect, legal advice, maybe just nod, smile, and quickly consult someone with an actual law degree.

Ivan Steele, Barrister and Solicitor / Toronto Family Lawyer