What legal issues should I think about when I separate or divorce?

1. Learn about your legal rights and responsibilities

Family law is mostly about the rights and responsibilities of partners, parents, and children. Rights are what the law says you can get. Responsibilities are what the law says you have to do.

If you're married or live together in a common-law relationship, the law gives you certain rights and responsibilities towards each other, both while you're together and if your relationship ends.

Some of the legal issues you have to think about depend on whether you're married or in a common-law relationship, like:

• dividing property if you’re married
• dividing property if you’re in a common-law relationship
• staying in the matrimonial home if you’re married
• staying in the home if you’re in a common-law relationship

Other legal issues don't depend on whether you're married or in a common-law relationship, like:

• decision-making responsibility, which used to be called custody of your children
• parenting time, which used to be called access
• child support
• spousal support

The rights and responsibilities you have after your relationship ends depends on the facts of your situation. And for common-law partners, it can depend on how long they lived together.

For example, the amount of spousal support you get or pay depends on things like the length of your relationship, your responsibilities during the relationship, and your income. And if you get divorced, you're no longer spouses, and may not qualify for benefits under your partner's medical plan if they have one.