Advanced Curriculum Chapter 5_Family Law Contracts

Question 1

MARRIAGE VS. COMMON-LAW - How does marriage differ from common-law in property division?

Answer 1

Marriage ensures equal division of matrimonial assets, while common-law partners must prove contributions to claim rights.

Question 2

SEPARATION VS. DIVORCE - What are the legal grounds for divorce in Canada?

Answer 2

A one-year separation, adultery, or cruelty.

Question 3

CHILD SUPPORT - How are child support payments taxed?

Answer 3

They are non-deductible for the payor and tax-free for the recipient.

Question 4

SPOUSAL SUPPORT - How are spousal support payments taxed?

Answer 4

Taxable to the recipient and deductible for the payor if periodic.

Question 5

DIVISION OF PROPERTY - How do pensions get divided in divorce?

Answer 5

Pensions may be split based on contributions during the marriage.

Question 6

DOMESTIC CONTRACTS - What are the two types of domestic contracts?

Answer 6

Marriage contracts (prenuptial agreements) and cohabitation agreements.

Question 7

US TAXATION - What tax obligations do U.S. persons in Canada have?

Answer 7

They must file U.S. tax returns on worldwide income and may be subject to U.S. estate tax.