The Divorce Rate in Canada: Grey Divorce vs The COVID-19 Effect
16.4% of divorcees had been married for 25 years or more.
42% of divorces happened in marriages that had lasted between 10 and 24 years
Before Covid-19 it was the Gray Divorce
Any marriage is susceptible to facing certain problems that may define their relationship
Abrupt change in daily routines has forced couples to rethink and redesign their day-to-day lives.
COVID-19 pandemic put a sharp stop to daily life
The pandemic has been a difficult time for many as COVID-19 put a sharp stop to daily life. Jobs were lost, businesses fell apart, and a great many lives were taken as a result of the coronavirus. If a loss was not suffered, stress and feelings of uncertainty about the near future significantly increased as the virus proved to be uncontainable. Moreover, nationwide lockdowns and mandatory quarantines added extra strain and pressure to households affected by great financial blows.
This added tension that families and couples felt due to the pandemic has led many family law insiders to believe that COVID-19 has had a significant impact on the divorce rate in Canada. With a general increase in divorce filings, it’s only plausible to note that the coronavirus has had a grand effect on the number of divorces aha the divorce rate. However, the question most important to answer is not whether COVID-19 has increased divorce rates in Canada, as it is instead far more beneficial to explore how the pandemic has impacted the separation process along with the culture of marriage and divorce.
Difficulties Under Lockdown
With or without a pandemic, any marriage is susceptible to facing certain problems that may define their relationship. Life coach and writer for Marriage.com, Shellie Warren, states that “financial troubles can be categorized as one of the biggest causes of divorce,” adding that a lack of money or a difference in how spouses spend money can add a major strain within a marriage. Due to the millions of jobs and businesses lost because of the COVID-19 pandemic, it is no surprise that marriages with existing money struggles experienced greater financial stress under lockdown.
Many couples viewed this added financial tension as the final straw and filed for divorce amid the pandemic. Yet, long before COVID-19, family lawyers have seen a strong correlation between economic downturns and an increase in divorce, as noted by Olivia Bowden of Global News. Of course, this correlation between financial crises and marriage break-ups does not signify causation as there are other factors that have affected the overall increase of divorce during the pandemic.
The general confinement is another aspect of COVID-19 that has added pressure on all relationships, especially marriages. The abrupt change in daily routines has forced couples to rethink and redesign their day-to-day lives. On a regular basis, healthy and strong communication is needed in order to overcome difficult challenges, but the uncertainty of the pandemic proved to be too much for some couples, leading to divorce – a solution that has most likely been in the back of their minds for months now.
It’s only natural to assume that the difficulties of lockdown have brought a lot of underlying issues within a marriage to the surface. Facing these pre-existing relationship troubles is much more difficult when life is far from normal. Yet, it is not so much the rate at which marriages end in divorce that have been greatly affected by COVID-19, as it is the overall culture and process of separating that has been drastically impacted.
Lengthy Divorce Process due to COVID-19 Pandemic
Ever since the start of the pandemic, society has changed in dramatic ways to prevent the spread and outbreak of COVID-19. Due to these institutional adjustments that have come as a result of the pandemic, family law and the courts have been dramatically backed up, and civil courts, which are responsible for handling all divorce cases, are no exception.
Before the coronavirus, a study of the divorce statistics in Canada conducted by the government in 2010-2011 proved that a majority of divorces “were granted within six months after the [case] was first filed,” demonstrating that lengthy divorce processes were often uncommon. However, due to a nation-wide lockdown order, court cases have been dramatically delayed as all legal proceedings had to shift away from physical interaction to online avenues. The lengthy divorce process caused by the pandemic would normally deter an increase in divorce case filings, however, the recent rise in divorce has proven otherwise.
Therefore, even though the process of filing for a divorce has changed considerably due to the drastic delay in court proceedings caused by safety measures taken in response to COVID-19, couples still choose to divorce. Previously, as noted by the same study mentioned above, less than half of all divorce cases took more than 2 years to finalize. Yet, that number could be expected to double due to the holdup in court cases caused by the recent implementation of mandatory quarantine practices.
As a result, these substantial changes to the divorce process have significantly altered the culture of divorce, and subsequently marriage. This is because divorce has now become a much more difficult and tiring process than it was in previous years. The cost, time, and procedure of divorce, all affected by COVID-19, is now a significant factor in how couples will legally separate – not whether they will. Therefore, it could be inferred that the coronavirus has impacted the way people proceed with legal divorce actions, inevitably affecting the way in which society responds to marriage break-ups.
Limited Avenues of Support When in Quarantine
The pandemic has not only affected the legal proceedings of divorce and marriage, but it has also impacted the ability for individuals to reach out to trusted friends and family when going through a separation. This is because health officials urge friends and family to limit visiting one another, as physical contact increases the spread of the virus. Therefore, quarantine has been extremely difficult for those going through a divorce because they have to navigate the separation process alone.
Furthermore, couples that have children who are considering divorce must think about how their separation under COVID-19 would affect being with their kids. If a couple makes the decision to live separately throughout the process of divorce, issues with child visitation rights could arise as health officials discourage physical gatherings to minimize the spread of the virus. Moreover, most couples do not have the financial resources nor the capability to physically separate as staying inside is necessary for successful and safe quarantine.
Divorcing Amid the Pandemic Does Not Mean You Failed
It is important to note that divorce, even before the pandemic, is known to be a lonely and strenuous process. Support can even sometimes be difficult to garner as divorce has had a socially negative connotation attached to it. This existing preconception proves that the effects of COVID-19 have not altered the stigma attached to divorce, instead it could be argued that the pandemic has solidified the cultural and societal stigma connected to the act of separating.
The pandemic has devastated the lives of thousands of Canadians, and as a result, additional tragedies that come during these difficult times are often associated with the overall stress that the coronavirus has brought. However, the reality is that COVID-19 is not responsible for the perceptible rise in divorce cases, instead the pandemic is used as a blanket explanation for the unrelated increase in marriage break-ups as society has never accepted divorce as a willful decision.
Thus, divorcing amid the pandemic does not mean you failed, nor does it mean that the pandemic was responsible for your divorce – or an increase in nation-wide divorce rates. The action of separating from your spouse is a process that takes a lot of autonomy and faculty. Moreover, divorces can be done amicably and benefit both parties when pursued correctly.
No matter the reasons for separating, divorce is a new chapter in life that should be taken advantage of instead of one that you should feel ashamed of. If you are considering separating from your spouse, before taking any steps, make sure to get in contact with a divorce lawyer to fully understand the divorce process under the current conditions.
While there are significant statistics that demonstrate an overall trend in divorce within this past year, the coronavirus has not necessarily directly contributed to this increase. Instead, it can be noted that COVID-19 has had a distinct effect on the process of separation, redefining the culture of divorce and marriage.
Grey Divorce and Canada’s Divorce Statistics
Before Covid-19 its was the Grey Divorce
Before Covid-29 came to dominate our lives. No longer willing to stay in an unhappy marriage, Baby Boomer ( 50 and older age group) separations and divorces are up in Ontario and across other provinces.
The increase has given rise to the term “grey divorce” which encapsulates this growing trend among the older generation to split up. Couples who have been married for 30 years and more are getting a grey divorce, and this group of seniors is now responsible for a large percentage of overall divorces in Canada.
Back in 2008, Statistics Canada revealed that a staggering 42% of divorces happened in marriages that had lasted between 10 and 24 years, while another 16.4% of divorcees had been married for 25 years or more.
Indeed, as far back as a 2011 Huffington Post report, commentators were remarking on the rise of the grey divorce. So what’s behind this trend and what are the financial and other realities associated with getting divorced so late in life when you’ve been married for a significant period of time?
Grey Divorce – Talking about money
Let’s start by saying that legally, the grey divorce process is no different to any other divorce process.
However, generally speaking, marriages that last the longest tend to be formed along traditional lines. That means one person in the relationship has been the primary income-earner and controller of the household budget. This is usually (but not exclusively) the husband.
So when these long-term marriages break down, it’s almost always the wife who faces the biggest financial challenges. It is the wife who is most likely to have left the workforce for an extended period to raise the children, and therefore after a grey divorce, need the most financial advice and assistance. This is why much of the information in this article is aimed at women facing a grey divorce.
Another key difference with a grey divorce is that because of the long-term nature of the failed marriage, there is likely to be a broad range of assets and issues to deal with, including property and businesses which may be owned by the couple. Other issues that need to be taken into account include:
- Pensions
- Estate planning
- Beneficiaries of wills and insurance policies
- Corporate shares relating to the family business
- Use and ownership of properties
3 Reasons Why Grey Divorce is on the raise
There is no single reason to explain the rise in grey divorces. Instead, it can attributed to three main factors:
- Divorce has become more socially acceptable
- People are living longer
- Many women have become more financially autonomous
Issues That Must Be Considered When Facing A Grey Divorce
MAINTAINING YOUR FINANCIAL STABILITY
Obviously, your financial situation will change post divorce. It makes sense to work with a divorce mediator to help you budget in the short and long term and ensure your financial stability going forward. You’ll need to know how much you need to save and how much you’re going to have to spend.
HOLDING ONTO BUSINESS ASSETS
If you’re married and self-employed and want to protect your business, hopefully you have already ‘divorce proofed’ your business. If not, an lawyer may be able to help. Otherwise, you will need the skills and insights of finance professionals to protect your assets in the event of a grey divorce. This is because if you’ve built your business while married, your business can be regarded as ‘family assets’. If this is the case, you need to consider your options, namely:
- Buying out your spouse’s share
- Liquidating assets to pay your spouse (if the business forms the lion’s share of your marital assets)
- Selling the business and dividing the proceeds
It’s clear that with such big decisions to make, the advice of a financial professional at this stage could be worth its weight in gold.
YOUR RETIREMENT PLANNING
During grey divorce proceedings, your retirement and pension funds and those of your spouse will be analysed. LIF, RRIFs, LIRA and RRSP will all be included. Your separation agreement requires that you make it clear who owns each asset and how they will be redistributed.
ARRANGING YOUR INSURANCE
Who’s going to pay for health insurance, life insurance, vehicle insurance, buildings and contents insurance, after you get your grey divorce? If your spouse pays everything now, you need to prepare for the responsibility to fall on your shoulders once your grey divorce is finalized. It’s a good move to find out now how much each premium is going to cost you so you can budget for it.
LIVING WITHIN YOUR MEANS
Lifestyle changes are almost inevitable once you’re divorced and can no longer rely on your spouse’s income and support. This means things you’ve taken for granted – like your cable TV package, or shopping sprees or regular meet-ups with friends – might have to be cut back to take into account the new reality of your financial situation. Having a finance professional to help you understand what you can and can’t afford after a grey divorce will be crucial.
KEEPING YOUR FRIENDSHIPS GOING
It can be tempting to hide away during a grey divorce. You might not want to face the words of pity from friends, and you might think you can’t afford to go out on social occasions to see them. But it’s important to maintain your friendships and some semblance of a social life. It’s still possible to go out and have fun and meet new people during a grey divorce. And true friends will stick with you, no matter what.
Conclusion
Here at Divroce the Smartway, we have experience of helping people, especially women deal with the financial realities of a grey divorce. Our advice is always to ensure that you have control of your financial futures throughout your marriage. That means having your own bank account, credit and debit cards, plus knowledge of family finances and where all account details and other financial information is kept in your home. Naturally, not everyone who faces a grey divorce has access to such information, but rest assured, we are here to help you.
Would you like to learn more? Get in touch for a Get Acquainted Call to learn more about finding a separation agreement with a soft landing.
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Hi, my name is Ken Maynard.
I am a family court survivor, Family Mediator and Certified Divorce Financial Analyst (CDFA). For 10 years now I have been helping separating couples find their Soft Landing. I look forward to working you.
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