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Seniors and Divorce


Divorce or separation in later years can be emotionally demanding. For most seniors, this will be a new part of their life with new and unique challenges. Friends and family can often help you. As well, there are various government and non-government support programs that can assist you while you navigate separation.

For assistance filing court forms, please consider using our Family Court Form Builder on the right hand side of this page under “Important Links”.

things to consider

Separation Agreements
Separation Agreements are agreements between parties going through a separation or divorce. These agreements can cover a variety of items depending on the the relationship. This may include child support, spousal support, division of property (both land and personal), and other arrangements, such as parenting time. Separation agreements may also include deciding who will pay what and how much of a debt.

Division of Matrimonial Property
If you are legally married then you will have a 50/50 ownership of the “matrimonial property” (the family home), regardless of whether or not you are listed as an owner. If you are not legally married, or if you are “common law”, then you may not be entitled to this same benefit.

Common Law Relationships
Common law relationships do not create the same rights and protections as for legally married couples. You may still be entitled to spousal support, division of property (real estate, land, and personal properties), however this may be subject to an agreement with your former spouse or through a court application.

Financial Implications
When you separate you may need to change your lifestyle. It will be important to speak to a financial advisor, such as one at your bank, to ensure you are meeting your needs. Financial advisors can also help you understand how separation impacts mortgages, lines of credit, and other debts.

Emotional Supports
Separation can be emotionally demanding. Consider reaching out to resources when you feel that you are in need. Groups such as Seniors NL can help provide supports where necessary. The website for Seniors NL can be found at the top right of this web page.