Divorce Law in Ontario requires equal division of net family assets (those that are gained during marriage) which include the home, regardless of who had that home before the marriage. Once married, the home is matrimonial. However, as I mentioned, since the marriage will be short (if he separate NOW), his spouse is NOT LIKELY able to attain her full 50%. However, certain factors might determine the exact percentage she might get, they'd include: Children of the marriage (which might include her child, and 100% for sure includes his child), and also include who brought the action forward for divorce, since SHE is the one that has to "suffer" his decision to end it.angryaudifanatic wrote: ↑ Firstly, I get what you are pleading here, but no, it's not nearly as simple as that, and the courts do not care who is the applicant is in a divorce application.
What we have to remember though is that the judge can factor anything he/she wants when deciding the equalization. No firm rules for short marriage, just strong suggestions. The judge will factor in these things; his child, her child, her schooling, the short marriage, and who initiated it. As you said, "it's not nearly as simple as that", my link shows (which is Ontario law) that the number can vary with short marriage - when they factor in details.
Lesson? Don't marry someone that you don't want to spend the rest of your life with.
Why can't we all just get along?