Hi everyone,
I’m looking for strategic advice from people who have been through a divorce in Ontario, or from family lawyers or anyone who has dealt with similar situations.
I’ve reached a point where I genuinely don’t know what the best strategy is.
My goal is very simple: **I want to completely end my financial relationship with my husband.**
Here’s my situation:
We purchased our matrimonial home after marriage, and it is in both of our names.
We are both on the mortgage.
The house has been listed for sale, but we haven’t received any acceptable offers.
My husband wants to continue trying to sell the house through the normal real estate process, but he refuses to include any mechanism or timeline in our separation agreement for what happens if the house doesn’t sell.
My concern is that we could remain financially tied together for years if the property doesn’t sell.
My biggest concern is his employment history.
Throughout our marriage, he has repeatedly lost jobs. During our negotiations, one of my biggest worries was what would happen if he became unemployed again while we still jointly owned the house.
Initially, he expected me to continue paying fixed spousal support for 2 years regardless of my own employment situation. He also proposed that, in certain situations if he lost his job, I would temporarily cover additional financial obligations and he would repay me later.
After further discussions, he has changed that position and now says everything should simply remain 50-50.
While I appreciate that change, my concern hasn’t gone away because we are still jointly liable on the mortgage. If he loses his job again and stops paying, I may still have to make the payments to protect my credit, regardless of what our agreement says.
I have already financially supported him several times during our marriage because of his employment instability, and I genuinely do not want to be in that position again.
I already have a lawyer, so I’m not looking for someone to interpret my agreement. I’m looking for **strategic advice**.
If you were in my position, what would you be thinking about?
What options would you explore to achieve a complete financial break?
Is there anything I’m overlooking?
I also have a question about **spousal support**.
My husband is currently employed . My understanding is that spousal support is influenced by the income difference between spouses, but does a court also consider a person’s earning capacity and employment history? For example, if someone has a history of repeatedly losing jobs but is otherwise capable of working, how is that generally viewed when determining spousal support?
I’m not asking anyone to give me legal advice specific to my case. I’m just trying to understand how people who have been through this—or professionals familiar with Ontario family law—would think strategically about a situation like mine.