What Should I Do Legally After Discovering My Spouse Is Cheating in Canada?

Should I Talk to a Lawyer Before Confronting My Spouse?

Absolutely. This is the single most important step you can take right now. Since your spouse has already consulted a lawyer, you need to level the playing field immediately. A family law lawyer can advise you on your specific provincial rights, help you understand what to expect, and develop a strategy before any confrontation changes the dynamic.

Under the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), adultery is one of three grounds for divorce in Canada, alongside cruelty and one year of separation. However, approximately 95% of Canadian divorces proceed on the one-year separation ground regardless of fault, because proving adultery requires corroborating evidence and adds cost and complexity.

Can I Kick My Spouse Out of the Family Home?

Generally, no — you cannot unilaterally force your spouse to leave the matrimonial home, even if they committed adultery. In Canada, both spouses typically have equal right to occupy the family home during separation, regardless of whose name is on the title. Each province has specific legislation governing this right:

• In Ontario, the Family Law Act, R.S.O. 1990, c. F.3, s. 24 grants both spouses equal possession of the matrimonial home
• In British Columbia, the Family Law Act, S.B.C. 2011, c. 25, s. 84 provides similar protections
• In Alberta, the Family Property Act, S.A. 2020, c. F-4.7 addresses matrimonial property rights

The exception is if there is family violence or a genuine safety concern — in those cases, you can seek an exclusive possession order from the court. About 28% of Canadian divorce cases involve contested home possession at some stage, according to Department of Justice data.

Does Adultery Affect Property Division or Support?

In Canada, adultery has virtually no impact on property division or spousal support. Canadian family law is "no-fault" when it comes to financial matters. The Supreme Court of Canada has consistently held that marital misconduct is irrelevant to the division of family property and the determination of support obligations.

Property is divided based on provincial equalization formulas — typically the growth in net family property during the marriage is split equally. Spousal support is calculated using the Spousal Support Advisory Guidelines, which consider length of marriage, income disparity, and roles during the marriage — not reasons for the breakdown.

What Steps Should I Take Right Now?

1. Consult a family law lawyer — Many offer free initial consultations. Find an attorney near you who practises in your province
2. Document your financial picture — Gather bank statements, tax returns, mortgage documents, investment accounts, and pension statements. Under Canadian law, both spouses must provide full financial disclosure
3. Understand your parenting rights — Parenting arrangements in Canada focus on the best interests of the child. About 63% of Canadian families with children use some form of shared parenting time arrangement
4. Protect joint accounts — Your lawyer may advise withdrawing your fair share or freezing joint accounts to prevent dissipation of assets
5. Keep records — Note dates, financial transactions, and any relevant communications

The fact that your spouse has already consulted a lawyer means you should act quickly. Learn more about the overall process in our guide to divorce basics, and explore common questions others are asking at Divorce Questions. Every province has slightly different rules, so provincial-specific legal advice is essential to protecting yourself and your children.