Post-Divorce Checklist in Ontario

Obtain Your Divorce Certificate

A Certificate of Divorce is an official court document that serves as legal proof that your divorce has been finalized. While the divorce judgment confirms the court’s approval of your divorce, the certificate is a separate document often required for various legal and administrative purposes.

This document is particularly important if you plan to:

• Remarry: In Ontario and across Canada, you cannot remarry without presenting your Certificate of Divorce to prove the dissolution of your previous marriage.
• Resolve financial or legal matters: Certain institutions, such as banks, may require this certificate to process updates related to joint accounts, loans, or property ownership.
• Immigration applications: If you are sponsoring a spouse or applying for a visa, the certificate may be required as part of the documentation.

 

Update Legal Documents and Records

Notify Government Agencies

Change Your Marital Status with ServiceOntario

ServiceOntario is the provincial agency responsible for managing changes to personal information in Ontario. After your divorce is finalized:

1. Update your marital status: Notify ServiceOntario of your change in marital status. This ensures your records are up to date and helps prevent future discrepancies.
2. Required documents: You may need to present your Certificate of Divorce and valid identification.
3. How to update: You can update your marital status in person at a ServiceOntario centre or online through their website.

Update Your Health Card, Driver’s Licence, and Passport

Post-divorce, you may need to make changes to your key identification documents.

• Health Card: If your name or marital status has changed, visit a ServiceOntario centre to update your Ontario Health Insurance Plan (OHIP) information. Bring your health card, Certificate of Divorce, and any other required identification.
• Driver’s Licence: Updating your name or address on your driver’s licence ensures your information is consistent with other records. This can be done at any ServiceOntario location.
• Passport: For name changes or to update your marital status, contact Passport Canada. You’ll need to complete an application for a new passport and provide the necessary supporting documents, such as your divorce certificate and identification.

Ensure Accurate Marital Status in Personal Identification and Tax Records

Personal Identification

• Bank accounts and credit cards: Notify your bank or financial institution of your marital status change. Update joint accounts or switch them to individual accounts as needed.
• Name changes: If you’re reverting to a previous name, update all identification documents, including your SIN (Social Insurance Number), utilities, and memberships.

Tax Records

1. Notify the Canada Revenue Agency (CRA): Inform the CRA of your change in marital status to ensure accurate tax filings and benefits calculations. You can do this online through the CRA My Account portal, by phone, or by mail using Form RC65 (Marital Status Change).
2. Impact on benefits: Changing your marital status may affect your eligibility for benefits such as the Canada Child Benefit (CCB) or GST/HST Credit. Updating your status ensures you receive the correct entitlements.
3. Name changes for tax purposes: If you’re changing your name, notify the CRA and provide supporting documentation.

 

Review and Update Financial Accounts

Below are the key steps to take:

Remove Your Ex-Spouse from Joint Accounts or Credit Cards

Joint financial accounts can create unnecessary risks if left unchanged after divorce.

1. Bank Accounts:

1. • Convert joint accounts to individual accounts: Contact your financial institution to close or restructure joint bank accounts. Ensure any outstanding balances or shared responsibilities are resolved before closing the account.
   • Open a new account: Establish your own individual bank account if you don’t already have one.

2. Credit Cards:

1. • Remove your ex-spouse: If your ex-spouse is an authorized user on your credit card, notify your credit card provider to remove them.
   • Settle joint credit balances: Pay off any joint credit card debts or transfer balances to individual accounts to ensure a clean financial break.
   • Monitor statements: Keep an eye on your credit statements to ensure no unauthorized transactions occur during the transition.

Update Beneficiaries on Insurance Policies, RRSPs, Pensions, and Wills

1. Life Insurance Policies:

1. • Contact your insurance provider to update the beneficiary designation. If your ex-spouse was the named beneficiary, you may need to replace them with a new one, such as a child, family member, or trusted individual.

2. RRSPs (Registered Retirement Savings Plans) and Pensions:

1. • Review your RRSP and pension plan documents to ensure the listed beneficiaries align with your current wishes.
   • If your ex-spouse is still named as a beneficiary, contact your financial institution or pension administrator to make the necessary changes.

3. Wills and Power of Attorney:

1. • Update your will to reflect your new marital status. Remove your ex-spouse as a beneficiary or executor if desired.
   • Update your Power of Attorney documents for personal care and property to appoint a new trusted individual.

 

Close or Restructure Joint Accounts If Required

Joint accounts that cannot be split should be closed entirely. This includes:

• Investment accounts: Work with your financial advisor to divide and transfer joint investments in accordance with your separation agreement.
• Mortgages or loans: If you shared a mortgage or loan, ensure you settle the debt or refinance it in one party’s name to avoid future liabilities.

Revise Your Will and Estate Plan

Here’s what you need to know:

Why It’s Essential to Revisit Your Will Post-Divorce

In Ontario, under the Succession Law Reform Act, a divorce does not automatically revoke your will. However, it does void any provisions that name your ex-spouse as a beneficiary or executor unless explicitly stated otherwise in your updated will. Failing to revise your will after divorce can lead to unintended consequences, such as:

• Assets passing to unintended beneficiaries.
• Confusion or disputes among family members.
• Delays in the distribution of your estate.

Update Your Power of Attorney and Executor Designations

1. Power of Attorney:

1. • If your ex-spouse is named as your Power of Attorney for Personal Care or Property, consider appointing someone else.
   • Choose a trusted individual, such as a family member or close friend, who can manage your healthcare decisions and financial affairs if you become incapacitated.

2. Executor Designations:

1. • If your ex-spouse is named as the executor of your estate, update your will to appoint a new executor.
   • Your executor should be someone reliable and capable of managing the legal and financial responsibilities of settling your estate.

Ensure Alignment with Ontario Laws on Estate Planning After Divorce

Ontario has specific laws governing estate planning post-divorce. Here’s how to ensure your estate plan complies:

1. Review marital property laws:

1. • Ontario’s Family Law Act governs the equalization of property between spouses during separation or divorce. Ensure that your estate plan considers any property settlements outlined in your separation agreement.

2. Update beneficiary designations:

1. • Certain assets, such as RRSPs, RRIFs, life insurance policies, and pension plans, require beneficiary updates separate from your will. Contact the relevant financial institutions to update these designations.

3. Consider your children’s inheritance:

1. • If you have minor children, establish or update a trust to manage their inheritance. Appoint a trusted guardian and trustee to oversee their financial needs until they reach the age of majority.

4. Seek professional legal advice:

1. • Consult a lawyer specializing in wills and estates to ensure your revised estate plan adheres to Ontario’s legal requirements and reflects your post-divorce priorities.

 

Manage Custody and Parenting Arrangements

Implementing the Agreed-Upon Parenting Plan

A well-structured parenting plan outlines the responsibilities, schedules, and arrangements agreed upon during the divorce process. To implement it effectively:

1. Follow the schedule: Stick to the agreed-upon custody and visitation schedule to provide consistency for your children.
2. Be punctual and reliable: Arrive on time for pickups and drop-offs, as dependability fosters trust and stability.
3. Accommodate flexibility when needed: While adhering to the schedule is important, life events may require adjustments. Be willing to collaborate with your ex-spouse to accommodate unforeseen circumstances.

 

Keeping Communication Clear and Consistent with Your Ex-Spouse for Co-Parenting

Effective communication is crucial for successful co-parenting. Here’s how to ensure clarity and consistency:

1. Keep it child-focused: Center all discussions around your children’s needs and well-being, avoiding personal conflicts or unresolved issues.
2. Choose appropriate communication methods:
   • Use email, text messages, or co-parenting apps for day-to-day communication to reduce misunderstandings and maintain a record of conversations.
   • Reserve in-person meetings or phone calls for more complex discussions, such as decisions about schooling or medical care.
3. Set boundaries: Establish guidelines for respectful communication and adhere to them. Avoid discussing sensitive topics in front of the children.
4. Regular check-ins: Schedule regular check-ins to review how the parenting plan is working and address any necessary adjustments.

 

Using Tools and Resources for Scheduling and Child Support Payments

Managing custody and parenting responsibilities is easier with the right tools and resources. Consider the following options:

1. Scheduling Tools:

1. • Co-parenting apps like OurFamilyWizard, Cozi, or 2Houses can help you manage schedules, share updates, and track visitation without confusion.
   • Use shared online calendars to coordinate activities, appointments, and special events.

2. Child Support Payments:

1. • Family Responsibility Office (FRO): In Ontario, the FRO enforces child support payments as outlined in court orders or separation agreements. Registering with the FRO ensures timely and consistent payments.
   • Payment tracking apps: Apps like SupportPay help both parents keep accurate records of child support payments and shared expenses.

3. Parenting Resources:

1. • Utilize resources from organizations like the Ontario Association of Children’s Aid Societies (OACAS) or local family support groups to access guidance and support.
   • Seek professional help, such as counselling or mediation services, if challenges arise in co-parenting dynamics.

 

Review and Adjust Your Budget

Here’s how to assess your situation and plan effectively:

Assess Your New Financial Situation Post-Divorce

After divorce, your income, expenses, and financial obligations will likely differ from those during your marriage. Begin by evaluating your current financial position:

1. Income:
   • Identify your primary sources of income, such as salary, child support, spousal support, or investment earnings.
   • Adjust for any reduction or addition to your monthly income based on your divorce agreement.
2. Expenses:
   • Account for individual living expenses, such as housing, utilities, groceries, and transportation.
   • Include any post-divorce obligations, such as child support payments or shared financial responsibilities.
3. Debt:
   • Review any outstanding debts, including credit cards, loans, or lines of credit.
   • Consider whether any joint debts from the marriage require resolution, as outlined in your separation agreement.

Create a Budget That Reflects Changes in Income and Expenses

Establishing a realistic budget post-divorce will help you manage your finances effectively:

1. Track Your Spending:

1. • Monitor your monthly expenses to identify areas where you can cut costs or reallocate funds.

2. Prioritize Essentials:

1. • Focus on meeting essential expenses, including housing, utilities, and insurance.
   • Allocate funds for child-related costs if applicable, such as education, extracurricular activities, or medical care.

3. Build an Emergency Fund:

1. • Set aside a portion of your income for unexpected expenses. A general guideline is to save three to six months’ worth of essential living costs.

4. Plan for Long-Term Goals:

1. • Begin saving for retirement, education funds, or major purchases. Utilize Tax-Free Savings Accounts (TFSAs) or Registered Retirement Savings Plans (RRSPs) to maximize your savings potential.

Consider Seeking Financial Advice If Necessary

Divorce can complicate financial planning, and seeking professional guidance may be beneficial:

1. Consult a Financial Advisor:

1. • A financial advisor can help you create a personalized budget and investment strategy based on your post-divorce financial goals.

2. Work with a Tax Professional:

1. • Divorce often impacts your tax situation, especially if you’re receiving or paying spousal or child support. A tax expert can ensure your filings comply with Canadian tax laws and help you optimize deductions and credits.

3. Utilize Community Resources:

1. • In Ontario, organizations like Credit Counselling Canada or local financial literacy programs provide affordable or free financial counselling to help individuals manage their finances post-divorce.

 

Address Housing and Property Matters

Here’s what you need to know:

Finalize Any Property Transfers or Sales Agreed Upon During the Divorce

1. Implement Property Division Agreements:

1. • If your divorce settlement includes the transfer of property, such as the matrimonial home, follow the legal process to complete these transfers.
   • Work with a real estate lawyer to ensure proper registration of property title changes with the Land Registry Office in Ontario.

2. Proceed with Property Sales:

1. • If selling shared property was part of your divorce agreement, finalize the sale and divide the proceeds as agreed.
   • Engage a reputable real estate agent familiar with Ontario’s housing market to expedite the process.

3. Resolve Mortgage Obligations:

1. • If one party is assuming full ownership of a property with an existing mortgage, ensure refinancing is completed in the name of the new owner.
   • Contact your lender to formalize these changes and avoid shared liabilities post-divorce.

 

Update Utilities, Property Titles, and Rental Agreements as Needed

1. Utilities and Services:

1. • Update or transfer accounts for utilities such as electricity, gas, water, internet, and home security systems.
   • Ensure that bills are in the name of the person who retains the property to avoid billing disputes.

2. Property Titles:

1. • Verify that property titles have been updated to reflect the new ownership arrangements. This is particularly important for real estate, vehicles, and other significant assets.

3. Rental Agreements:

1. • If you or your ex-spouse is renting, notify the landlord of any changes to the lease agreement.
   • Update the lease to remove one party’s name if only one of you is remaining in the rental property.

 

Ensure Legal Compliance with Ontario Property Division Laws

1. Understand Equalization of Property:

1. • Ontario follows the Family Law Act, which mandates the equal division of net family property. This includes assets and debts accrued during the marriage.
   • Review your separation agreement to ensure compliance with Ontario’s property division laws and finalize any unresolved matters.

2. Seek Legal Advice:

1. • If disputes arise regarding property transfers or sales, consult a family lawyer to clarify your rights and obligations.
   • Ensure that your actions align with the terms of the divorce settlement and applicable laws to prevent legal complications.

3. Address Tax Implications:

1. • Transferring or selling property may have tax implications. Consult a tax professional to understand potential liabilities and minimize costs.

Seek Emotional and Mental Health Support

The Importance of Self-Care After Divorce

Divorce can impact your mental health, self-esteem, and overall well-being. Prioritizing self-care is crucial for healing and maintaining a positive outlook.

1. Acknowledge your emotions: It’s normal to feel a range of emotions, including sadness, anger, or relief. Allow yourself the space to process these feelings without judgment.
2. Create a self-care routine: Engage in activities that bring you joy and relaxation, such as exercise, hobbies, meditation, or spending time with loved ones.
3. Set boundaries: Protect your emotional well-being by setting boundaries with your ex-spouse or others who may bring negativity. Ontario offers a variety of resources to support individuals going through divorce. These services provide a safe space to share experiences, seek advice, and build resilience.

1. Counselling Services:

1. • Many licensed therapists and counsellors in Ontario specialize in divorce and relationship transitions.
   • Access services through organizations such as the Ontario Psychological Association (OPA) or Family Services Ontario for affordable options.

2. Support Groups:

1. • Local community centres and non-profits often host divorce support groups where individuals can connect with others experiencing similar challenges.
   • Explore groups such as DivorceCare, which offers in-person and online support sessions tailored to post-divorce recovery.

3. Online Forums:

1. • Join online communities like Canadian Divorce Forums or Reddit’s Divorce Support to seek advice, share experiences, and connect with others anonymously.
   • Ensure you access reputable platforms to avoid misinformation or harmful advice.

 

How Therapy Can Help You Navigate Life Post-Divorce

Professional therapy provides tools to address the emotional and mental challenges of life after divorce. Here’s how therapy can benefit you:

1. Emotional Healing:

1. • Therapy helps you process feelings of grief, loss, or anger in a healthy way.
   • Cognitive Behavioural Therapy (CBT) is particularly effective for managing stress and anxiety.

2. Building Confidence and Resilience:

1. • A therapist can guide you in rediscovering your identity and self-worth post-divorce.
   • Therapy fosters resilience by helping you focus on personal growth and future goals.

3. Improving Relationships:

1. • Therapy can enhance your communication skills, which is essential for co-parenting or rebuilding social connections.
   • It can also address trust issues, enabling you to move forward in new relationships.

 

Explore Legal Follow-Ups if Necessary

Address Any Unresolved Issues

1. Enforcement of Spousal or Child Support:

1. • If your ex-spouse fails to meet their support obligations, you can take action through Ontario’s Family Responsibility Office (FRO).
   • The FRO enforces support payments by garnishing wages, seizing assets, or even suspending a driver’s licence if necessary.
   • Ensure you register your support agreement or court order with the FRO to benefit from its enforcement services.

2. Property Division Disputes:

1. • If disagreements arise regarding the division of assets outlined in your separation agreement, seek legal advice to address the matter promptly.
   • A lawyer can help mediate disputes or initiate court action if necessary.

 

Know When to Revisit Legal Agreements

1. Changes in Circumstances:

1. • Life events, such as a significant change in income, relocation, or remarriage, may warrant a review of existing legal agreements.
   • For example, spousal or child support amounts might need adjustment if one party’s financial situation changes dramatically.

2. Parenting Plan Adjustments:

1. • If the agreed-upon parenting plan no longer meets the children’s needs due to age, schooling, or other factors, you may need to amend the custody and visitation schedule.
   • Work with a lawyer or mediator to modify the plan while prioritizing the children’s best interests.

3. Expired or Outdated Provisions:

1. • Certain terms in your divorce agreement may have an expiration date, such as temporary spousal support or conditions for selling shared property. Ensure these provisions are revisited and updated as needed.

 

Consulting a Lawyer for Any Future Modifications

1. Seek Professional Guidance:

1. • A Toronto divorce lawyer can help you navigate legal follow-ups, from enforcing agreements to drafting modifications. Their expertise ensures compliance with Ontario’s Family Law Act.
   • Lawyers can also provide clarity on the implications of life changes, such as remarriage or a career shift, on your legal obligations.

2. Use Mediation for Dispute Resolution:

1. • If modifications to your agreement are contested, consider using mediation services to find a mutually agreeable solution without resorting to lengthy court battles.

3. Revisit Legal Documents Periodically:

1. • Schedule regular check-ins with your lawyer to ensure your legal documents and agreements remain relevant to your current circumstances.

 

Change Your Marital Status with ServiceOntario Close or Restructure Joint Accounts If Required Notify Government Agencies Post-Divorce Checklist Remove Your Ex-Spouse from Joint Accounts or Credit Cards