When a Simple Divorce in Toronto Turns Complicated

Common Reasons a Simple Divorce Becomes Complicated

Disagreements over Property or Debts

Even when spouses agree on ending the marriage, financial matters often uncover unresolved tensions or misunderstandings. Ontario’s family law system does not allow couples to simply “skip” financial issues to keep things easy. If property and debts are not properly addressed, a divorce may be delayed or worse, reopened later through costly legal claims.

Equalization of Net Family Property in Ontario

Ontario does not divide property by simply splitting everything in half. Instead, the law requires an equalization of net family property (NFP).

This process involves:

• Calculating each spouse’s net worth on the date of separation
• Subtracting the value of assets owned at the date of marriage
• Accounting for debts and liabilities
• Determining whether one spouse owes an equalization payment to the other

What often complicates a “simple” divorce is that:

• One or both spouses misunderstand how equalization works
• Assets are assumed to be excluded when they are not
• Debts are minimized, disputed, or improperly disclosed

Until equalization issues are resolved either through a separation agreement or court order the divorce cannot truly be considered simple.

Late Discovery of Assets or Debts

A divorce can quickly unravel when new financial information comes to light after the process has started.

Common examples include:

• Previously undisclosed bank accounts or investments
• Credit cards, lines of credit, or personal loans revealed late
• Business interests or side income not initially disclosed
• Pensions or employment benefits overlooked at the start

In Ontario, full financial disclosure is mandatory. If assets or debts are discovered late:

• Trust between spouses often breaks down
• Negotiations may need to restart
• Legal advice becomes necessary to reassess entitlements
• Courts may scrutinize the process more closely

Even if the divorce paperwork has already been prepared, late discovery can force amendments, delays, or additional legal steps.

Disputes over the Matrimonial Home

The matrimonial home is one of the most frequent sources of conflict even in otherwise cooperative divorces.

Common complications include:

• Disagreement over whether the home should be sold or kept
• One spouse wanting to buy out the other, but disputing the value
• Conflicts over who stays in the home during separation
• Ongoing mortgage, tax, or maintenance responsibilities

Under Ontario law:

• Both spouses generally have equal possessory rights to the matrimonial home
• The home cannot simply be transferred or sold without proper agreement
• The value of the home is treated differently than other assets for equalization

If the matrimonial home is not clearly addressed in a separation agreement, a simple divorce can quickly become stalled or contested.

Why Unresolved Finances Stop a Divorce from Being Simple

A simple divorce in Toronto assumes that all financial issues are already settled. When property or debt matters remain unresolved:

• Courts may refuse to process the divorce as uncontested
• One spouse may later bring claims for equalization or property division
• Errors or omissions can lead to future litigation sometimes years later
• Legal costs increase as issues become harder to untangle after the divorce

Many people attempt to move forward with a divorce to “get it over with,” only to discover that unresolved finances create long-term legal and financial risk.

Child-Related Issues Emerging Later

Unexpected Disputes Over Child Support

Child support is frequently assumed to be “agreed upon” early in the process, only to become contentious later. As income disclosure is reviewed more carefully, one parent may realize the proposed amount does not follow the Federal Child Support Guidelines or fails to reflect true income. Disagreements can also arise over special or extraordinary expenses, shared parenting arrangements, or changes in employment. When these issues emerge, the divorce can no longer proceed as simple until support is properly reassessed and corrected.

Parenting Concerns Raised During Filing

Parenting arrangements that seem workable in conversation often reveal gaps once they are put into formal documents. During the filing stage, parents may notice that decision-making authority, parenting time schedules, holidays, or communication rules are unclear or missing altogether. In some cases, new concerns arise about a child’s routine, schooling, or stability. These unresolved parenting issues must be addressed before the divorce can move forward smoothly.

Court Obligation to Review Child Support

Even where parents are in full agreement, Ontario courts have a legal duty to review child support arrangements. A judge must be satisfied that the support terms are reasonable, supported by proper financial disclosure, and in the best interests of the child. If child support appears to be waived, understated, or inadequately documented, the court may delay or refuse to grant the divorce until the problem is fixed. This mandatory review is often the point where a supposedly simple divorce becomes more complicated.

Problems with the Separation Date

Disagreement About When Separation Actually Occurred

Separation is defined in Ontario as the point at which spouses begin living separate lives with no reasonable prospect of reconciliation. While this may seem straightforward, many couples experience a gradual breakdown rather than a clear-cut moment. One spouse may believe separation occurred when they stopped being intimate, while the other points to a later date when one person moved out or finances were separated. When spouses rely on different dates, court forms and sworn statements may conflict, creating credibility and legal issues that prevent a divorce from moving forward smoothly.

Living Together After Separation

It is legally possible to be separated while still living under the same roof, but this situation often complicates a simple divorce. Couples may continue sharing a home for financial or parenting reasons while living separate lives. However, proving separation under one roof requires evidence of changed behaviour, such as separate bedrooms, independent finances, and reduced social interaction as a couple. If this evidence is unclear or disputed, the court may question whether the one-year separation requirement has truly been met, delaying the divorce.

Impact on Divorce Timing and Eligibility

The separation date determines when a spouse becomes eligible to apply for a divorce under Ontario law. A disputed or poorly documented separation date can result in a rejected application, requests for additional evidence, or the need to wait longer before refiling. It also affects the valuation date for property equalization and may influence support entitlements. What initially appears to be a simple procedural issue can therefore have serious legal consequences if not properly addressed.

Lack of a Proper Separation Agreement

Informal or Verbal Agreements

Many couples rely on verbal understandings or informal arrangements during separation, assuming mutual trust is enough. Unfortunately, these agreements are difficult to prove and easy to dispute. If one spouse later changes their position, there may be no clear evidence of what was agreed to, forcing negotiations to restart or court involvement to begin.

Missing Terms Related to Support or Property

Even written agreements can be problematic if they are incomplete. Common omissions include spousal support terms, child support calculations, debt responsibility, or a clear plan for the matrimonial home. When key issues are missing or vaguely worded, the court may be unable to confirm that all legal obligations have been properly addressed. This lack of clarity often prevents a divorce from remaining uncontested.

Why Courts May Reject or Delay Divorce Applications

Ontario courts must be satisfied that support and financial matters particularly those involving children are reasonable and legally compliant. If a divorce application relies on informal arrangements or incomplete agreements, the court may request further documentation, require amendments, or delay granting the divorce altogether. In some cases, parties are forced to seek legal advice or mediation simply to correct issues that could have been addressed earlier, turning a simple divorce into a far more complex process.

What Happens When a Divorce Becomes Contested

Shift From Uncontested to Contested Process

An uncontested divorce assumes that all issues property, support, and parenting are already resolved. When one spouse disputes any part of the process, fails to respond, or challenges the information filed, the divorce can no longer proceed as simple. The matter may move into the contested stream, requiring formal pleadings, additional court forms, and adherence to stricter procedural rules. This transition alone often catches separating spouses off guard.

Increased Timelines and Legal Costs

Contested divorces take significantly longer to resolve. Instead of a largely paper-based process, parties may be required to exchange further disclosure, attend conferences, and respond to motions or court directions. Each additional step increases legal costs, whether through lawyer involvement, document preparation, or time away from work. What was once expected to take a few months can extend into a year or longer.

Possible Court Appearances

When a divorce becomes contested, court appearances often become unavoidable. Parties may be required to attend case conferences, settlement conferences, or motions before a judge. Even if the dispute is narrow, the need for court intervention adds complexity and formality to the process. For many couples, this is the point where legal representation becomes necessary to navigate court procedures effectively.

Emotional and Financial Strain

Beyond the legal implications, contested divorces place significant emotional and financial strain on both parties. Ongoing conflict can increase stress, disrupt parenting arrangements, and make it harder to reach resolution. Financial uncertainty, mounting legal fees, and prolonged timelines often compound the emotional toll, making the experience far more difficult than originally anticipated.