Pinpointing the Date of Separation
In Ontario, the “date of separation” is not just a calendar milestone – it is the valuation date used to calculate the equalization of net family property. A difference of even a few months can drastically alter the division of assets, especially where one spouse holds volatile investments, real estate, or business interests.
But what happens when spouses disagree on when the marriage actually ended? In the 2025 decision of Kassabian v. Marcarian, 2025 ONCA 239, the Court of Appeal set out guiding principles courts must use, including:
- Deference is key – trial judges are given significant deference in choosing the date based on the totality of the evidence.
- No binary choice – the court is not limited to simply picking between the husband’s proposed date or the wife’s proposed date; it can determine a different date based on the facts.
- Public perception matters – the court will look closely at third-party and documentary evidence showing how the couple represented themselves “to the world,” including tax filings, joint bank account usage, and communications.
Imputing Income & Family Violence
Child and spousal support calculations rely heavily on each party’s income. If a spouse is intentionally underemployed or unemployed, a court can “impute” income to them – meaning support is calculated based on what they should be earning, rather than what they are currently earning.
In its 2025 ruling in Kohli v. Thom, 2025 ONCA 200, the Court of Appeal established an important protection for vulnerable spouses. The Court found that a trial judge erred by imputing income to a spouse who was a victim of family violence, without adequately considering how that violence impacted her ability to work and earn a living.
This decision reinforces recent amendments to the Divorce Act, ensuring that the trauma and economic control often associated with family violence are properly factored into support determinations, rather than being overlooked in favour of an idealized earning capacity.
Dedicated Family Court Representation in the GTA
Family court proceedings require meticulous document preparation, strategic negotiation, and proven courtroom advocacy – from motions for temporary support to trial.
At Hashmi Law Group, we bring 17+ years of experience to complex property division, spousal support, and contested divorce proceedings. Whether navigating the financial intricacies of your separation date or advocating for your rights in the face of family violence, our team serves clients throughout North York, Mississauga, and the Greater Toronto Area with compassion and unyielding dedication.
Secure your family’s future. Contact Hashmi Law Group for a consultation today. Call 905-503-1486 or 647-772-8187.
Disclaimer: This article is not intended to provide legal advice. Before taking any legal step, you should consult with a lawyer in Ontario.
