Some Canadian couples who have deciding to get a divorce are living together longer amid a “frenzied” housing market and the ongoing COVID-19 pandemic.

That’s according to Alyssa Bach, a family lawyer with Shulman & Partners LLP in Toronto.

Bach told CTV’s Your Morning on Wednesday that while itis not “unusual to stay together for a couple of months while you sort out your finances and find a new place,” separating couples are now living together for “extended periods.”

Bach said this is becoming more because of the housing market and Omicron wave of the pandemic.

“And it’s adding to these family law complications,” she said.

Bach said one of the biggest issues is the date of separation. Bach explained that this is “a really important date” for married couples who are separating as it is when they start looking at their entitlements and assets.

When couples have a large asset, such as a house, and it is only in the name of one of the spouses, she says their entitlement to that property and the value of that property is “very determinative” by the date of separation.

“So when you’re continuing to live together, if there’s this dispute about when you separate, normally that wouldn’t be such a big deal, but with the housing market -- increasing prices in such short periods of time -- you see that dispute over that increased value,” Bach said.

CREATING A PLAN

Bach offered some advice to those who may find themselves in the difficult situation of living in the same home as their spouse while seeking a divorce.

She said one of the “main things” to do, is work on a separation agreement.

“Or at least solidify that date of separation,” she said. “Make sure that is communicated to your partner as soon as possible so that you two are on the same page.”

Bach said it is also important to maintain privacy, as well as respect the privacy of your spouse.

“Especially when it’s coming to conversations with your lawyers [and] legal documents,” she said. “Just ensuring that level of confidentiality.”

Bach said separating couples should also create a plan with the ultimate goal of living in separate homes.

Bach said couples seeking to divorce must understand not only what their rights are, but also what obligations they may have. She noted that there are obligations when it comes to splitting up assets, but also support obligations and child care responsibilities.

“There are so many factors that come into play when couples separate,” she explained. “It’s not just a take, there’s also a give-- that’s there as well.”

She said a separation agreement ensures that everybody is “on the same page” and can also help to “reduce tensions.”

According to Statistics Canada, approximately 2.71 million people were listed as legally divorced in 2020, regardless of the year in which the divorce occurred.

Correction:

This article has been updated to correct information about the number of divorced people in Canada.