Nussbaum Family Law

07/21/2026

Paid part of the mortgage. Helped renovate the home. Raised children, supported a partner's business, or used personal income to keep the household running. Then the relationship ends, and the house is still in the partner's name.

Do they get half?

In Ontario, the answer is not automatic. This is the single most misunderstood point in Ontario family law. Common-law partners have no automatic right to an equal division of property when they separate. No matter how long two people lived together, equalization under the Family Law Act applies only to married spouses.

A claim may still exist through unjust enrichment or constructive trust, but the result depends on documented contributions, not a 50/50 default.

Read the full guide:

Learn common law property rights Ontario rules for property division, unjust enrichment, constructive trust claims, and legal options.

07/02/2026

What Age Can a Child Refuse Visitation in Ontario? There is no magic age in Canada at which a child can legally refuse to see a parent.

If a parent has been searching for a clean answer, 12, 14, 16, Ontario family law does not work that way. Courts give increasing weight to a child's preferences around age 12 and older, but even teenagers cannot unilaterally override a court-ordered parenting arrangement.

A parent who stops facilitating visits without a court order variation risks enforcement proceedings. And the steps taken early tend to define how the situation plays out.

Find out what Ontario family law actually says:

No set age exists in Ontario for a child to refuse visitation. Learn when courts consider child preferences, and what to do if your child refuses visits.

06/18/2026

Both spouses may agree the marriage is over and still be nowhere close to finished.
One spouse wants a different parenting schedule. One person will not provide financial disclosure. Support numbers do not make sense. The family home, pensions, business interests, or debts are still disputed.
That is when a divorce becomes contested.
Many contested divorces settle before trial through negotiation, mediation, or court conferences. Getting legal advice early can help avoid unnecessary delays and keep options open.
Read the guide: nussbaumlaw.ca/contested-divorce-ontario-guide

05/27/2026

A restraining order in Ontario is one of the most immediate legal tools available to protect a person and their children from someone who is harming or threatening them.

Under Ontario's Family Law Act, a court can order a person to stay away from the family home, a workplace, and a children's school, and to stop all contact, directly or indirectly.

Physical assault is not a requirement to qualify. Threats, harassment, stalking, and coercive control are all recognized grounds under Ontario law.

Knowing the options is the first step. Read the full guide:

Need a restraining order in Ontario? Learn how to get one, the difference from an EPO, what happens if it's violated, and how a lawyer helps.

05/10/2026

We are pleased to announce that Barry Nussbaum, JD, MBA, founder and Senior Lawyer at Nussbaum Law, is now one of fewer than 30 lawyers in Ontario certified as a Family Law Specialist by the Law Society of Ontario, effective May 1, 2026.

Barry has over 17 years of experience focused almost exclusively on family and divorce law, is called to the bar in both Ontario and New York, and has handled some of the most complex matters in the field, including international child abduction cases, high-conflict parenting disputes, and support and property issues.

If you or someone you know needs a family law specialist, reach out to Barry today.

https://nussbaumlaw.ca/our-team/barry-nussbaum/

04/27/2026

In Ontario, you are legally separated the moment you and your spouse begin living "separate and apart" with no intent to reconcile. There is no court filing or government paperwork required to start the process. This can even occur while living under the same roof if you have stopped functioning as a domestic unit.

While the status is automatic, your legal protections are not. Your separation date is used to calculate property equalization, support obligations, and the one-year waiting period for a divorce. A written separation agreement is the best way to protect your rights and handle practical issues like debt and parenting. Learn more about your rights:
https://nussbaumlaw.ca/legal-separation-ontario-what-it-means/

Legal separation Ontario: don't make costly mistakes. Learn what the law actually requires, how your rights change & why a separation agreement is essential.

04/13/2026

Serving divorce papers is already complex, but when your spouse lives in another country, the process becomes even more challenging.

From understanding international legal requirements to navigating the Hague Service Convention, there are critical steps you need to get right to avoid delays or complications.

This guide breaks down what you need to know and how to move forward with confidence.

Read more: https://nussbaumlaw.ca/serving-divorce-papers-internationally/