How Does an Affair and Adultery Affect a Divorce Case in Ontario?

If your marriage ended due to an affair, extramarital affair, or “cheating” this question is likely at the front of your mind: What impact will infidelity have on a divorce case in Ontario?

Ontario’s divorce laws are the same as every other province, as they are all governed by the Federal Divorce Act. Here’s how it breaks down:

Adultery and Grounds for Divorce:

That Divorce Act says that a “breakdown of a marriage is established only if the spouses have lived separate and apart for at least one year or the spouse against whom the divorce proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty.”

This means adultery is grounds for a divorce.

Contact us to request a consultation if you are in need of a divorce lawyer in Ontario.


Adultery and Alimony:

Infidelity has no impact on how Canadian alimony is structured. Things like child custody, child support, spousal support, and property division are all no-fault in Canada.

This means if you have been cheated on you’re not entitled to any more alimony, nor do you have to pay anymore if your infidelity ended a marriage.

Adultery and Child Custody

Section 16(9) of the Divorce Act specifically precludes the consideration of the past conduct of a parent in making a custody or access order, unless that conduct is relevant to the person’s ability to act as a parent to the child.

A history of violence can affect child custody under Canadian law, however, adultery will not.

In summary, the no-fault nature of most of the aspects of Canadian divorce laws may not be what you’re expecting. The way divorce is portrayed in American television and film might skew what to expect when a marriage ends from adultery.

If you are in the Newmarket area and need a divorce lawyer, please don’t hesitate to contact us to learn more.

Brian Galbraith

Brian Galbraith is the owner and founder of Galbraith Family Law Professional Corporation. Brian is known in the legal community for his commitment to efficiently practicing family law using technology and streamlining the divorce processes.

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