Divorce Law Glossary

Plain-language definitions of divorce and family law terms used across the United States and Canada. Each term includes jurisdiction-specific variations where the law differs by state or province.

200 terms

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B

C

Capital Gains

Taxable profit from sale of assets, potentially affecting property division and transfer timing decisions.

Financial

Case Management Conference

A court meeting to establish case timeline, discuss settlement, and resolve procedural issues.

Court Process

Child Support Enforcement

Government programs and legal remedies to collect unpaid child support, including wage garnishment and license suspension.

Child Support

Child Support Modification

A court-approved change to child support amount based on substantial change in circumstances.

Child Support

Child Support Tables

Standardized charts in Canadian law showing monthly support amounts based on payor's income, province, and number of children.

Child Support

Childcare Costs

Expenses for daycare, after-school care, or babysitting necessary for a parent's employment or education.

Child Support

Civil Code of Quebec

Quebec's civil law system governing family law, property, and divorce differently from common law provinces.

Canadian Law

COBRA

Federal law allowing continuation of employer health insurance after divorce, typically for up to 36 months at cost.

Financial

Cohabitation Clause

A provision terminating or modifying alimony when the recipient begins living with a romantic partner.

Spousal Support

Collaborative Divorce

A process where both spouses hire specially trained attorneys and commit to settling without going to court.

Alternative Dispute Resolution

Collaborative Law

A legal practice area focused on team-based settlement without litigation threat.

Alternative Dispute Resolution

Comity

The legal principle by which courts of one state recognize and enforce the judgments of courts in another state.

Court Process

Commingling

The mixing of separate and marital property, which can transform separate property into marital property subject to division.

Property & Assets

Community Debt

In community property states, debts incurred during marriage that are equally shared between spouses.

Financial

Community Property

A property division system where assets and debts acquired during marriage are owned equally and divided 50/50 upon divorce.

Property & Assets

Confidentiality

Legal protections preventing disclosure of sensitive information in divorce proceedings.

Court Process

Constructive Trust

An equitable remedy where property is held in trust for someone else despite legal title, used to prevent unjust enrichment.

Property & Assets

Contact Order

A Canadian court order granting parenting time to someone other than a parent, such as grandparents.

Canadian Law

Contempt of Court

Willful disobedience of a court order, potentially resulting in fines or jail time for violation of divorce orders.

Court Process

Contested Divorce

A divorce where spouses disagree on one or more issues such as property division, custody, or support.

General

Cooperative Divorce

An approach where attorneys cooperate to settle but can still litigate if settlement fails, unlike collaborative divorce.

Alternative Dispute Resolution

Corollary Relief

Under Canada's Divorce Act, orders for child support, spousal support, and parenting arrangements granted with divorce.

Canadian Law

Cost of Living Adjustment

Automatic increases in support or pension payments based on inflation indices to maintain purchasing power.

Financial

CPP Credit Splitting

Division of Canada Pension Plan credits earned during marriage, providing retirement income to both spouses.

Canadian Law

Custodial Parent

The parent with whom the child primarily resides and who has day-to-day care responsibilities.

Child Custody & Parenting

Custody Evaluation

A comprehensive assessment by a mental health professional to help courts determine appropriate custody arrangements.

Child Custody & Parenting

Custody Modification

A court-approved change to custody arrangements based on substantial change in circumstances.

Child Custody & Parenting

D

Date of Marriage

The official date the marriage began, which is important for determining how long the marriage lasted and what property is considered marital.

Property & Assets

Date of Separation

The date when spouses permanently end marital cohabitation, often determining when property accumulation stops.

Property & Assets

Date of Valuation

The specific date used to determine the value of assets for division, varying by jurisdiction and asset type.

Property & Assets

Decision-Making Responsibility

Under Canada's 2021 Divorce Act, the authority to make significant decisions about a child's welfare, health, and education.

Child Custody & Parenting

Default Divorce

A divorce granted when one spouse fails to respond to the divorce petition within the required timeframe.

General

Default Judgment

A court decision in favor of one party when the other fails to respond or appear in the case.

Court Process

Defined Benefit Plan

A pension plan providing fixed monthly payments in retirement, requiring actuarial valuation for divorce division.

Financial

Defined Contribution Plan

A retirement account like a 401(k) where value is the account balance, simpler to divide than pensions.

Financial

Deposition

Sworn out-of-court testimony recorded by a court reporter, used for discovery and potential trial evidence.

Court Process

Deviation

A departure from guideline child support amounts based on specific factors or circumstances allowed by law.

Child Support

Discovery

The pre-trial process where parties exchange information and evidence relevant to the divorce case.

Court Process

Dissipation

The wasteful spending or destruction of marital assets by one spouse for non-marital purposes, often considered in property division.

Property & Assets

Dissolution

Another term for divorce, commonly used in some states to refer to the legal termination of marriage.

General

Divorce

The legal dissolution of a marriage by a court, ending the marital relationship and legal obligations between spouses.

General

Divorce Act

Canada's federal law governing divorce, child support, spousal support, and parenting arrangements.

Canadian Law

Divorce Decree

The final court order that legally dissolves a marriage and establishes the terms of the divorce.

General

Domestic Violence

Physical, emotional, financial, or psychological abuse between intimate partners, affecting custody and protective orders.

General

Durational Alimony

Support awarded for a set period following a short or moderate-length marriage, not exceeding marriage duration.

Spousal Support

E

F

Fair Market Value

The price property would sell for between willing buyers and sellers in an open market, used for asset valuation in divorce.

Property & Assets

Family Law Act Ontario

Ontario's provincial legislation governing property division, support, and custody for married and common-law couples.

Canadian Law

Family Patrimony

In Quebec, specific family assets subject to equal division regardless of ownership, including homes and vehicles.

Canadian Law

Family Patrimony Quebec

Quebec's unique regime requiring equal division of family residence, vehicles, furniture, and retirement savings.

Canadian Law

Family Property Alberta

Under Alberta's Matrimonial Property Act, property acquired during marriage subject to presumption of equal division.

Canadian Law

Fault Divorce

A divorce based on specific marital misconduct such as adultery, cruelty, abandonment, or substance abuse.

General

Federal Child Support Guidelines

Canada's federal regulations establishing child support amounts based on income and province of residence.

Child Support

Federal Child Support Tables

Mandatory Canadian tables establishing child support amounts based on payor income and province of residence.

Canadian Law

Final Judgment

The court's final order ending the marriage and resolving all divorce issues, including property, support, and custody.

Court Process

Financial Affidavit

A sworn statement detailing income, expenses, assets, and debts required in divorce proceedings.

Financial

Financial Disclosure

The mandatory exchange of complete financial information including income, assets, debts, and expenses in divorce.

Court Process

Forensic Accountant

A specialized accountant who investigates financial records to find hidden assets, income, or fraudulent transfers.

Financial

Four-Way Conference

A collaborative divorce meeting attended by both spouses and both of their collaborative attorneys.

Alternative Dispute Resolution

G

H

I

J

L

M

Mandatory Disclosure

Court-required automatic exchange of specified financial documents without formal discovery requests.

Court Process

Marital Debt

Debts incurred during marriage for the benefit of the family, typically divided between spouses in divorce.

Financial

Marital Home

The primary residence where spouses lived during marriage, often a major asset in divorce proceedings.

Property & Assets

Marital Property

Assets and income acquired by either spouse during the marriage, subject to division in divorce.

Property & Assets

Marital Settlement Agreement

A comprehensive contract resolving all divorce issues including property division, support, and custody arrangements.

General

Marital Waste

The intentional depletion or destruction of marital assets by one spouse, considered in property division.

Property & Assets

Marriage Breakdown

The Canadian term for the grounds establishing divorce, proven by one year separation or adultery/cruelty.

General

Marriage Contract

A Canadian prenuptial or postnuptial agreement establishing property and support rights.

Property & Assets

Matrimonial Home Ontario

In Ontario, the family residence with special protections preventing disposition without consent regardless of ownership.

Canadian Law

Med-Arb

A hybrid process starting with mediation and switching to binding arbitration if mediation fails.

Alternative Dispute Resolution

Mediation

A voluntary process where a neutral third party helps divorcing spouses negotiate and reach their own settlement.

Alternative Dispute Resolution

Mediator

A neutral professional who facilitates communication and negotiation between divorcing spouses.

Alternative Dispute Resolution

Medical Support

The obligation to provide health insurance coverage and pay for unreimbursed medical expenses for children.

Child Support

Melson Formula

A child support calculation method ensuring parents' basic needs are met before allocating income to children and standard of living.

Child Support

Mobility Rights

Under Canadian law, the ability of a parent to relocate with children, balanced against the other parent's involvement.

Canadian Law

Motion

A formal written request asking the court to make a specific ruling or order during the case.

Court Process

N

P

Parallel Parenting

A parenting arrangement for high-conflict divorces where parents disengage from each other while maintaining separate relationships with children.

Child Custody & Parenting

Parental Alienation

Actions by one parent that damage the child's relationship with the other parent, potentially influencing custody decisions.

Child Custody & Parenting

Parenting Arrangements

Under Canada's 2021 Divorce Act, the overall custody and access arrangements for children after divorce.

Child Custody & Parenting

Parenting Coordinator

A professional appointed to help high-conflict parents implement custody orders and resolve ongoing disputes.

Alternative Dispute Resolution

Parenting Order

A Canadian court order establishing decision-making responsibility, parenting time, and contact arrangements.

Canadian Law

Parenting Plan

A detailed written agreement or court order outlining custody, visitation schedules, and decision-making responsibilities.

Child Custody & Parenting

Parenting Time

The scheduled time a child spends with each parent, replacing the traditional term visitation in many jurisdictions.

Child Custody & Parenting

Participation Agreement

The contract signed in collaborative divorce committing parties to full disclosure and non-litigation.

Alternative Dispute Resolution

Pendente Lite

Latin for 'pending litigation' — refers to temporary court orders that remain in effect while the divorce case is ongoing.

Court Process

Pendente Lite Support

Temporary spousal support paid during divorce proceedings before final orders are entered.

Spousal Support

Pension Division

The allocation of pension or retirement benefits between spouses as part of property division in divorce.

Property & Assets

Percentage of Income Model

A child support calculation method that applies a fixed percentage of the noncustodial parent's income based on number of children.

Child Support

Permanent Alimony

Ongoing support with no set end date, typically awarded after long marriages or when recipient cannot become self-supporting.

Spousal Support

Petition

The initial legal document filed to start a divorce case, stating the grounds and relief sought.

General

Petitioner

The spouse who initiates the divorce by filing the petition or complaint with the court.

General

Physical Custody

The right to have a child live with a parent and responsibility for day-to-day care and supervision.

Child Custody & Parenting

Postnuptial Agreement

A contract entered after marriage that establishes property and support rights, similar to a prenuptial agreement.

Property & Assets

Prenuptial Agreement

A contract entered before marriage that determines property rights and support obligations in case of divorce or death.

Property & Assets

Present Value

The current worth of future pension or annuity payments, calculated using discount rates for property division.

Financial

Primary Residential Parent

The parent with whom the child lives most of the time in a shared custody arrangement.

Child Custody & Parenting

Pro Se

Representing yourself in court without an attorney, handling your own divorce case.

General

Professional Practice

A medical, legal, dental, or other professional business requiring specialized valuation in divorce.

Property & Assets

Property Settlement

The final division and distribution of marital assets and debts between divorcing spouses.

Property & Assets

Protective Order

A court order protecting a party from harassment, abuse, or improper disclosure of confidential information.

Court Process

Q

R

Real Estate Appraisal

A professional assessment of property value, often required for equitable division of real estate in divorce.

Property & Assets

Rehabilitative Alimony

Temporary support designed to help a spouse become self-supporting through education or job training.

Spousal Support

Reimbursement Alimony

Support compensating a spouse for financial contributions that benefited the other's career or education.

Spousal Support

Relocation

The move of a custodial parent and child to a new geographic area, typically requiring court approval if it affects visitation.

Child Custody & Parenting

Request for Production

A formal discovery demand for documents, records, or other tangible evidence relevant to the divorce.

Court Process

Residency Requirement

The minimum amount of time you must live in a state or province before you can file for divorce there.

General

Respondent

The spouse who responds to a divorce petition filed by the other spouse.

General

Restraining Order

A court order prohibiting contact or certain actions, often issued for domestic violence protection.

Court Process

Resulting Trust

A trust implied by law when property is transferred but beneficial ownership is intended to remain with the transferor.

Property & Assets

Retirement Benefits

Pension plans, 401(k)s, IRAs, and other retirement accounts accumulated during marriage, subject to division.

Financial

Retroactive Support

Child support ordered for a period before the support order was entered, often back to when support should have been paid.

Child Support

Right of First Refusal

A provision requiring a parent to offer the other parent care of the child before using a third-party babysitter.

Child Custody & Parenting

Rule of 65

A guideline in some jurisdictions suggesting permanent alimony when payor's age plus marriage years equals or exceeds 65.

Spousal Support

S

Section 7 Expenses

Under Canadian law, special or extraordinary expenses for children including childcare, medical, education, and extracurricular costs.

Child Support

Self-Represented

A party appearing in court without legal representation, handling their own divorce case.

General

Separate Property

Assets owned by one spouse before marriage or received during marriage by gift or inheritance, typically not divided in divorce.

Property & Assets

Separation Agreement

A written contract between spouses outlining terms for living apart, including property, support, and custody arrangements.

General

Separation Date

The date when spouses stopped living together as a married couple, which can affect property division and support calculations.

Property & Assets

Service of Process

The legal procedure of officially delivering divorce papers to a spouse, required to give court jurisdiction.

Court Process

Settlement Conference

A court-facilitated meeting where parties attempt to resolve divorce issues with judge or mediator assistance.

Court Process

Settlement Negotiation

Direct discussions between parties or their attorneys to resolve divorce issues without court intervention.

Alternative Dispute Resolution

Shared Parenting

A custody arrangement where children spend substantial and relatively equal time with both parents.

Child Custody & Parenting

Social Security Divorce Benefits

The ability to claim Social Security benefits based on an ex-spouse's work record if married at least 10 years.

Financial

Sole Custody

A custody arrangement where one parent has exclusive legal and/or physical custody of the child.

Child Custody & Parenting

Spousal Maintenance

Another term for alimony or spousal support, used in some jurisdictions for post-divorce financial assistance.

Spousal Support

Spousal Support

Financial assistance paid from one spouse to another during or after divorce, also called alimony or maintenance.

Spousal Support

Spousal Support Advisory Guidelines

Canadian guidelines providing formulas and ranges for spousal support amounts and duration.

Spousal Support

Spousal Support Advisory Guidelines Canada

Non-binding Canadian guidelines providing formulas and ranges for spousal support amounts and duration.

Canadian Law

SSAG

Spousal Support Advisory Guidelines used in Canada to calculate support ranges based on income and marriage length.

Spousal Support

Standard of Review

The level of deference an appellate court gives to trial court decisions when reviewing appeals.

Court Process

Stipulation

A written agreement between parties on specific issues, filed with the court and made part of court orders.

Court Process

Subpoena

A court order compelling a person to testify or produce documents, with penalties for non-compliance.

Court Process

Substantial Change

A significant change in circumstances required to modify custody, support, or other divorce orders.

Court Process

Summons

A legal document notifying a spouse they are being sued for divorce and must respond within a specified time.

Court Process

Supervised Visitation

Court-ordered parenting time where a third party must be present to ensure the child's safety during visits.

Child Custody & Parenting

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