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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A
Actuary
A professional who calculates present value of future pension benefits for divorce property division.
Affidavit
A written statement of facts sworn under oath, used as evidence in divorce proceedings.
Age of Majority
The legal age when a child becomes an adult, varying by jurisdiction and affecting support termination.
Alimony
Court-ordered financial support paid by one spouse to the other during separation or after divorce.
Alimony Modification
A court-approved change to alimony amount or duration based on substantial change in circumstances.
Alimony Termination
The ending of spousal support obligations, typically due to remarriage, death, cohabitation, or court order.
Annulment
A legal declaration that a marriage is void or invalid from the beginning, as if it never existed.
Appeal
The process of requesting a higher court to review and potentially reverse a trial court's divorce decision.
Appreciation
The increase in value of property during marriage, which may be classified as marital or separate depending on the cause.
Arbitration
A binding dispute resolution process where a neutral arbitrator makes decisions on contested divorce issues.
Arrears
Past-due child support payments that accumulate when a parent fails to pay court-ordered support on time.
B
Best Interests of the Child
The legal standard courts use to determine custody arrangements, considering factors that promote the child's welfare and development.
Bifurcation
A court procedure that separates the divorce into two parts, allowing marital status to be terminated while other issues remain pending.
Bird's Nest Custody
An arrangement where children remain in one home and parents rotate living there, minimizing disruption to children.
Bridge-the-Gap Alimony
Short-term support to help a spouse transition from married to single life, addressing immediate needs.
Business Valuation
The professional appraisal of a business's worth, necessary when dividing business interests in divorce.
C
Capital Gains
Taxable profit from sale of assets, potentially affecting property division and transfer timing decisions.
Case Management Conference
A court meeting to establish case timeline, discuss settlement, and resolve procedural issues.
Child Support Enforcement
Government programs and legal remedies to collect unpaid child support, including wage garnishment and license suspension.
Child Support Modification
A court-approved change to child support amount based on substantial change in circumstances.
Child Support Tables
Standardized charts in Canadian law showing monthly support amounts based on payor's income, province, and number of children.
Childcare Costs
Expenses for daycare, after-school care, or babysitting necessary for a parent's employment or education.
Civil Code of Quebec
Quebec's civil law system governing family law, property, and divorce differently from common law provinces.
COBRA
Federal law allowing continuation of employer health insurance after divorce, typically for up to 36 months at cost.
Cohabitation Clause
A provision terminating or modifying alimony when the recipient begins living with a romantic partner.
Collaborative Divorce
A process where both spouses hire specially trained attorneys and commit to settling without going to court.
Collaborative Law
A legal practice area focused on team-based settlement without litigation threat.
Comity
The legal principle by which courts of one state recognize and enforce the judgments of courts in another state.
Commingling
The mixing of separate and marital property, which can transform separate property into marital property subject to division.
Community Debt
In community property states, debts incurred during marriage that are equally shared between spouses.
Community Property
A property division system where assets and debts acquired during marriage are owned equally and divided 50/50 upon divorce.
Confidentiality
Legal protections preventing disclosure of sensitive information in divorce proceedings.
Constructive Trust
An equitable remedy where property is held in trust for someone else despite legal title, used to prevent unjust enrichment.
Contact Order
A Canadian court order granting parenting time to someone other than a parent, such as grandparents.
Contempt of Court
Willful disobedience of a court order, potentially resulting in fines or jail time for violation of divorce orders.
Contested Divorce
A divorce where spouses disagree on one or more issues such as property division, custody, or support.
Cooperative Divorce
An approach where attorneys cooperate to settle but can still litigate if settlement fails, unlike collaborative divorce.
Corollary Relief
Under Canada's Divorce Act, orders for child support, spousal support, and parenting arrangements granted with divorce.
Cost of Living Adjustment
Automatic increases in support or pension payments based on inflation indices to maintain purchasing power.
CPP Credit Splitting
Division of Canada Pension Plan credits earned during marriage, providing retirement income to both spouses.
Custodial Parent
The parent with whom the child primarily resides and who has day-to-day care responsibilities.
Custody Evaluation
A comprehensive assessment by a mental health professional to help courts determine appropriate custody arrangements.
Custody Modification
A court-approved change to custody arrangements based on substantial change in circumstances.
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.
Date of Separation
The date when spouses permanently end marital cohabitation, often determining when property accumulation stops.
Date of Valuation
The specific date used to determine the value of assets for division, varying by jurisdiction and asset type.
Decision-Making Responsibility
Under Canada's 2021 Divorce Act, the authority to make significant decisions about a child's welfare, health, and education.
Default Divorce
A divorce granted when one spouse fails to respond to the divorce petition within the required timeframe.
Default Judgment
A court decision in favor of one party when the other fails to respond or appear in the case.
Defined Benefit Plan
A pension plan providing fixed monthly payments in retirement, requiring actuarial valuation for divorce division.
Defined Contribution Plan
A retirement account like a 401(k) where value is the account balance, simpler to divide than pensions.
Deposition
Sworn out-of-court testimony recorded by a court reporter, used for discovery and potential trial evidence.
Deviation
A departure from guideline child support amounts based on specific factors or circumstances allowed by law.
Discovery
The pre-trial process where parties exchange information and evidence relevant to the divorce case.
Dissipation
The wasteful spending or destruction of marital assets by one spouse for non-marital purposes, often considered in property division.
Dissolution
Another term for divorce, commonly used in some states to refer to the legal termination of marriage.
Divorce
The legal dissolution of a marriage by a court, ending the marital relationship and legal obligations between spouses.
Divorce Act
Canada's federal law governing divorce, child support, spousal support, and parenting arrangements.
Divorce Decree
The final court order that legally dissolves a marriage and establishes the terms of the divorce.
Domestic Violence
Physical, emotional, financial, or psychological abuse between intimate partners, affecting custody and protective orders.
Durational Alimony
Support awarded for a set period following a short or moderate-length marriage, not exceeding marriage duration.
E
Early Neutral Evaluation
A process where an expert provides an early assessment of case strengths to facilitate settlement.
Emancipation
The legal point when a child becomes independent, typically terminating child support obligations.
Equalization Payment
In Ontario and some provinces, the payment from spouse with higher net family property to equalize division.
Equitable Distribution
The fair, though not necessarily equal, division of marital property based on various factors considered by the court.
Excluded Property
In Canadian law, property not subject to division including gifts, inheritances, and pre-marriage assets.
Extraordinary Expenses
Significant child-related costs beyond basic support, such as medical expenses, childcare, or private school tuition.
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.
Family Law Act Ontario
Ontario's provincial legislation governing property division, support, and custody for married and common-law couples.
Family Patrimony
In Quebec, specific family assets subject to equal division regardless of ownership, including homes and vehicles.
Family Patrimony Quebec
Quebec's unique regime requiring equal division of family residence, vehicles, furniture, and retirement savings.
Family Property Alberta
Under Alberta's Matrimonial Property Act, property acquired during marriage subject to presumption of equal division.
Fault Divorce
A divorce based on specific marital misconduct such as adultery, cruelty, abandonment, or substance abuse.
Federal Child Support Guidelines
Canada's federal regulations establishing child support amounts based on income and province of residence.
Federal Child Support Tables
Mandatory Canadian tables establishing child support amounts based on payor income and province of residence.
Final Judgment
The court's final order ending the marriage and resolving all divorce issues, including property, support, and custody.
Financial Affidavit
A sworn statement detailing income, expenses, assets, and debts required in divorce proceedings.
Financial Disclosure
The mandatory exchange of complete financial information including income, assets, debts, and expenses in divorce.
Forensic Accountant
A specialized accountant who investigates financial records to find hidden assets, income, or fraudulent transfers.
Four-Way Conference
A collaborative divorce meeting attended by both spouses and both of their collaborative attorneys.
G
Goodwill
The intangible value of a business or professional practice beyond its physical assets, which may be divisible marital property.
Guardian ad Litem
A court-appointed representative, often an attorney, who advocates for a child's best interests in custody proceedings.
H
Health Insurance After Divorce
Options for maintaining coverage post-divorce including COBRA, marketplace plans, or continued obligation to provide coverage.
Hearing
A court proceeding where parties present evidence and arguments on specific issues before a judge rules.
Hidden Assets
Property or income intentionally concealed by one spouse to avoid division in divorce proceedings.
Hidden Income
Unreported or concealed earnings discovered through financial investigation, affecting support calculations.
High-Conflict Divorce
A divorce characterized by intense animosity, poor communication, and ongoing disputes requiring special interventions.
Homestead
Legal protection for a primary residence against creditors, and in some states, special rules for marital home division.
I
Imputed Income
Income assigned to a parent by the court when they are voluntarily unemployed or underemployed to avoid support obligations.
Income Shares Model
A child support calculation method based on both parents' combined income and the estimated cost of raising children.
Income Withholding Order
A court order directing an employer to deduct child support payments directly from the paying parent's paycheck.
Innocent Spouse Relief
IRS relief from tax liability when one spouse was unaware of the other's tax fraud or errors.
Interim Order
A temporary Canadian court order establishing arrangements while divorce proceedings are ongoing.
Interrogatories
Written questions sent to the other party during discovery that must be answered under oath.
IRA Transfer
The tax-free transfer of Individual Retirement Account funds between spouses pursuant to divorce.
Irreconcilable Differences
Fundamental disagreements between spouses that cannot be resolved, commonly cited as grounds for no-fault divorce.
J
L
Legal Custody
The right and responsibility to make major decisions about a child's upbringing, including education, healthcare, and religion.
Legal Separation
A court-ordered arrangement where spouses live apart while remaining legally married, often addressing support and property issues.
Long-Distance Parenting
Parenting arrangements when parents live far apart, requiring modified schedules and transportation planning.
Lump-Sum Alimony
A one-time payment of support instead of periodic payments, typically non-modifiable once paid.
M
Mandatory Disclosure
Court-required automatic exchange of specified financial documents without formal discovery requests.
Marital Debt
Debts incurred during marriage for the benefit of the family, typically divided between spouses in divorce.
Marital Home
The primary residence where spouses lived during marriage, often a major asset in divorce proceedings.
Marital Property
Assets and income acquired by either spouse during the marriage, subject to division in divorce.
Marital Settlement Agreement
A comprehensive contract resolving all divorce issues including property division, support, and custody arrangements.
Marital Waste
The intentional depletion or destruction of marital assets by one spouse, considered in property division.
Marriage Breakdown
The Canadian term for the grounds establishing divorce, proven by one year separation or adultery/cruelty.
Marriage Contract
A Canadian prenuptial or postnuptial agreement establishing property and support rights.
Matrimonial Home Ontario
In Ontario, the family residence with special protections preventing disposition without consent regardless of ownership.
Med-Arb
A hybrid process starting with mediation and switching to binding arbitration if mediation fails.
Mediation
A voluntary process where a neutral third party helps divorcing spouses negotiate and reach their own settlement.
Mediator
A neutral professional who facilitates communication and negotiation between divorcing spouses.
Medical Support
The obligation to provide health insurance coverage and pay for unreimbursed medical expenses for children.
Melson Formula
A child support calculation method ensuring parents' basic needs are met before allocating income to children and standard of living.
Mobility Rights
Under Canadian law, the ability of a parent to relocate with children, balanced against the other parent's involvement.
Motion
A formal written request asking the court to make a specific ruling or order during the case.
N
Net Family Property
In Ontario, the difference between assets acquired during marriage and debts, used to calculate equalization payment.
No-Fault Divorce
A divorce where neither spouse needs to prove wrongdoing, typically based on irreconcilable differences or breakdown of marriage.
Nominal Alimony
A small, token amount of alimony preserving jurisdiction to modify if circumstances change.
Noncustodial Parent
The parent who does not have primary physical custody but typically has visitation rights and pays child support.
P
Parallel Parenting
A parenting arrangement for high-conflict divorces where parents disengage from each other while maintaining separate relationships with children.
Parental Alienation
Actions by one parent that damage the child's relationship with the other parent, potentially influencing custody decisions.
Parenting Arrangements
Under Canada's 2021 Divorce Act, the overall custody and access arrangements for children after divorce.
Parenting Coordinator
A professional appointed to help high-conflict parents implement custody orders and resolve ongoing disputes.
Parenting Order
A Canadian court order establishing decision-making responsibility, parenting time, and contact arrangements.
Parenting Plan
A detailed written agreement or court order outlining custody, visitation schedules, and decision-making responsibilities.
Parenting Time
The scheduled time a child spends with each parent, replacing the traditional term visitation in many jurisdictions.
Participation Agreement
The contract signed in collaborative divorce committing parties to full disclosure and non-litigation.
Pendente Lite
Latin for 'pending litigation' — refers to temporary court orders that remain in effect while the divorce case is ongoing.
Pendente Lite Support
Temporary spousal support paid during divorce proceedings before final orders are entered.
Pension Division
The allocation of pension or retirement benefits between spouses as part of property division in divorce.
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.
Permanent Alimony
Ongoing support with no set end date, typically awarded after long marriages or when recipient cannot become self-supporting.
Petition
The initial legal document filed to start a divorce case, stating the grounds and relief sought.
Petitioner
The spouse who initiates the divorce by filing the petition or complaint with the court.
Physical Custody
The right to have a child live with a parent and responsibility for day-to-day care and supervision.
Postnuptial Agreement
A contract entered after marriage that establishes property and support rights, similar to a prenuptial agreement.
Prenuptial Agreement
A contract entered before marriage that determines property rights and support obligations in case of divorce or death.
Present Value
The current worth of future pension or annuity payments, calculated using discount rates for property division.
Primary Residential Parent
The parent with whom the child lives most of the time in a shared custody arrangement.
Pro Se
Representing yourself in court without an attorney, handling your own divorce case.
Professional Practice
A medical, legal, dental, or other professional business requiring specialized valuation in divorce.
Property Settlement
The final division and distribution of marital assets and debts between divorcing spouses.
Protective Order
A court order protecting a party from harassment, abuse, or improper disclosure of confidential information.
Q
QDRO
A Qualified Domestic Relations Order that divides retirement benefits between spouses without tax penalties.
Qualified Domestic Relations Order
A court order specifically formatted to divide retirement plans between spouses without tax penalties.
Qualified Medical Child Support Order
A court order requiring a parent's employer-provided health insurance to cover the children of the marriage.
R
Real Estate Appraisal
A professional assessment of property value, often required for equitable division of real estate in divorce.
Rehabilitative Alimony
Temporary support designed to help a spouse become self-supporting through education or job training.
Reimbursement Alimony
Support compensating a spouse for financial contributions that benefited the other's career or education.
Relocation
The move of a custodial parent and child to a new geographic area, typically requiring court approval if it affects visitation.
Request for Production
A formal discovery demand for documents, records, or other tangible evidence relevant to the divorce.
Residency Requirement
The minimum amount of time you must live in a state or province before you can file for divorce there.
Respondent
The spouse who responds to a divorce petition filed by the other spouse.
Restraining Order
A court order prohibiting contact or certain actions, often issued for domestic violence protection.
Resulting Trust
A trust implied by law when property is transferred but beneficial ownership is intended to remain with the transferor.
Retirement Benefits
Pension plans, 401(k)s, IRAs, and other retirement accounts accumulated during marriage, subject to division.
Retroactive Support
Child support ordered for a period before the support order was entered, often back to when support should have been paid.
Right of First Refusal
A provision requiring a parent to offer the other parent care of the child before using a third-party babysitter.
Rule of 65
A guideline in some jurisdictions suggesting permanent alimony when payor's age plus marriage years equals or exceeds 65.
S
Section 7 Expenses
Under Canadian law, special or extraordinary expenses for children including childcare, medical, education, and extracurricular costs.
Self-Represented
A party appearing in court without legal representation, handling their own divorce case.
Separate Property
Assets owned by one spouse before marriage or received during marriage by gift or inheritance, typically not divided in divorce.
Separation Agreement
A written contract between spouses outlining terms for living apart, including property, support, and custody arrangements.
Separation Date
The date when spouses stopped living together as a married couple, which can affect property division and support calculations.
Service of Process
The legal procedure of officially delivering divorce papers to a spouse, required to give court jurisdiction.
Settlement Conference
A court-facilitated meeting where parties attempt to resolve divorce issues with judge or mediator assistance.
Settlement Negotiation
Direct discussions between parties or their attorneys to resolve divorce issues without court intervention.
Shared Parenting
A custody arrangement where children spend substantial and relatively equal time with both parents.
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.
Sole Custody
A custody arrangement where one parent has exclusive legal and/or physical custody of the child.
Spousal Maintenance
Another term for alimony or spousal support, used in some jurisdictions for post-divorce financial assistance.
Spousal Support
Financial assistance paid from one spouse to another during or after divorce, also called alimony or maintenance.
Spousal Support Advisory Guidelines
Canadian guidelines providing formulas and ranges for spousal support amounts and duration.
Spousal Support Advisory Guidelines Canada
Non-binding Canadian guidelines providing formulas and ranges for spousal support amounts and duration.
SSAG
Spousal Support Advisory Guidelines used in Canada to calculate support ranges based on income and marriage length.
Standard of Review
The level of deference an appellate court gives to trial court decisions when reviewing appeals.
Stipulation
A written agreement between parties on specific issues, filed with the court and made part of court orders.
Subpoena
A court order compelling a person to testify or produce documents, with penalties for non-compliance.
Substantial Change
A significant change in circumstances required to modify custody, support, or other divorce orders.
Summons
A legal document notifying a spouse they are being sued for divorce and must respond within a specified time.
Supervised Visitation
Court-ordered parenting time where a third party must be present to ensure the child's safety during visits.
T
Tax Consequences of Divorce
The tax implications of property division, support payments, and filing status changes resulting from divorce.
Tax Filing Status
The IRS classification (married, single, head of household) that determines tax rates and affects divorce timing decisions.
Temporary Orders
Court orders establishing custody, support, or property arrangements during the divorce process before final judgment.
Third-Party Custody
Court-ordered custody awarded to a non-parent such as a grandparent when parents are unfit or unable to care for children.
Transfer Incident to Divorce
Tax-free property transfers between spouses pursuant to divorce under IRS rules.
Transmutation
The legal conversion of separate property to marital property or vice versa, typically requiring clear intent by the owner.
Trial
The final court proceeding where all evidence is presented and the judge makes binding decisions on all divorce issues.
U
V
Valuation Date
In Canadian law, the date used to value assets for property division, typically date of separation.
Variation Order
A Canadian court order modifying previous support or parenting orders based on changed circumstances.
Virtual Visitation
Court-ordered or agreed electronic contact between parent and child via video calls, email, or other technology.
Visitation
The time a noncustodial parent spends with their child according to a court-ordered schedule.
W
Wage Assignment
A court order requiring automatic deduction of support payments from a payor's wages.
Wage Garnishment
A court order requiring an employer to withhold child support payments directly from a parent's paycheck.
Waiting Period
A mandatory period after filing for divorce before the court can issue a final judgment, required by many states.