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Section 2: Navigating Couple Dissolution
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The frequency of common-law break-ups is on par with marriage dissolutions
Lawyers and counselling are the most widely used services for working through couple dissolution
The majority of common-law partners do not use formal services during separation
Regions differ in their use of social support services
Being young or less educated are potential barriers to service use
Those with children are more likely to use services
Legal involvement in making arrangements for children varies
Summary: A mix of factors linked to use of services through separation and divorce
Conclusion: Navigating family transitions in the new millenium
Bibliography
The creation and growth of a family through the birth or adoption of a child (see Section 1) is one of many transition points in the evolution of family life when support systems may come into play. At the other end of the spectrum, when a family structure is dissolved through separation or divorce, couples and families may also need support for navigating through the changes involved. With the growing instability of unions in Canada, with the increasing prevalence of common-law arrangements, and with a growing complexity in the conjugal histories of Canadians in general (Statistics Canada, 2002a; Gentleman and Park, 1997), the transitions involved in separation and divorce may present new challenges for families and for the policies and programs designed to support them.
In working through separation or divorce, former partners of both marriages and common-law unions need to make myriad arrangements concerning their finances, their living quarters and, for some, the custody and care of their children. It is a time when persons may potentially need expert input from lawyers and financial advisors, or the emotional support of personal and family counselling. This section examines the types of programs and services that recently separated and divorced Canadians used to help themselves and their children through the transition. More specifically, it examines the extent to which legal, social, and other support services were used by those who experienced the dissolution of a union between 2001 and 2006, either in the form of a common-law separation, a marital separation or a divorce.
According to the GSS, just under 2.0 million persons went through a separation or divorce between 2001 and 2006. Approximately half of these persons separated or divorced from a marriage and half separated from a common-law relationship. Sixty-nine percent were facing these events for the first time in their lives. Approximately 4 in 10 had dependent children (see Definitions). A more detailed demographic picture of separation and divorce is provided below. This is followed by a look at how different demographic groups made use of formal programs and services for navigating couple dissolution.
Definitions
Who was included as recently separated or divorced in this study?
This section looked at persons aged 15 and over who had experienced a separation or a divorce of their couple relationship between 2001 and 2006. The focus on this time frame by the 2006 General Social Survey permitted the analysis of relatively recent events, while allowing for the fact that working through a separation or divorce is a process that can take several years. The sample size was 2,255.
The term separation has no legal meaning in this article. It is used simply to define the end of a relationship resulting from causes other than death. Recently separated persons included those who had left a marriage but who had not divorced, and those coming out of a common-law relationship. Common-law relationships are self-reported in this study and may refer to unions of any duration. Recently divorced persons included all those who were divorced between 2001 and 2006, whether they had been initially separated from that union within this same time frame or whether their initial separation occured prior to this reference period. It also included those who did not have a separation period prior to their divorce.
What is meant by persons with dependent children in this study?
A recently separated or divorced person was considered to have dependent children if they had any biological or adopted children with a former spouse or common-law partner and the children were under the age of 23 at the time of the survey. This survey coverage allowed for the inclusion of all parents whose children were under 18 at the time of separations and divorces occurring up to five years prior to the time of the survey.
The frequency of common-law break-ups is on par with marriage dissolutions
Between 2001 and 2006, just over 1.0 million Canadians ended a marriage, either through separation or divorce. The number of persons who left a common-law relationship in this time period was almost the same, at just under 1.0 million. While married couples are far more numerous in Canada than common-law relationships (Statistics Canada, 2002b), these data reflect higher probability of break-up among common-law relationships compared to marriages (Statistics Canada, 2002a). In addition, it was found that, persons in recently-ended common-law relationships had stayed together for an average of 4.3 years, 10 years less that the average duration for recently-ended marriages of 14.3 years.
The rising prevalence of common-law arrangements has been particularly evident in Québec (Statistics Canada, 2002a). Accordingly, the proportion of persons having recently experienced common-law separations rather than marital dissolution was much larger in Québec than in other regions of Canada (Chart 6). Sixty-eight percent of persons going through a union dissolution in Québec were ending a common-law union and only 32% were dissolving a marriage. In other regions of Canada, marital dissolution was more prevalent than common-law break-ups.
Chart 6
Quebec is distinguished by a larger proportion of persons experiencing common-law break-ups
Demographic differences between persons ending marital unions and those leaving common-law relationships may point to potentially different needs for these groups in navigating through their couple dissolution. Differences between these groups were found in the age at separation or divorce, in the presence of dependent children, and in the ages of these children (Table 4).
Table 4
Persons going through common-law separations are younger and less likely to have children
Almost 6 in 10 common-law partners broke up under the age of 30 and approximately 7 in 10 had no dependent children with their former common-law partner. Where there were children involved, the youngest tended to be very young, under the age of six. This contrasts with those who were separated or divorced from a marriage, where former partners were much more likely to be in their 30s, 40s and older, and where greater proportions had dependent children. Almost half of those who had divorced and nearly 6 in 10 of those who had separated without divorce had dependent children. Where children were involved in a marital dissolution, they tended to be older than their counterparts from common-law break-ups. This was especially true for marital dissolutions ending in divorce.
In addition to these contrasting profiles, persons leaving marriages and common-law unions had differing levels of experience with break-up, depending on their age group (Table 5). For most persons who faced marriage dissolution, navigating this transition was new territory. As would be expected, this was especially the case for younger persons leaving a marriage. Younger individuals ending a common-law union resembled their counterparts leaving marriages, with a majority going through dissolution for the first time in their lives. However, for individuals who left a common-law relationship at the age of 35 or older, the opposite was true, with a majority having already experienced union dissolution at some point in the past.
Table 5
Older common-law partners much more likely to have experienced previous break-up than their counterparts leaving a marriage
Lawyers and counselling are the most widely used services for working through couple dissolution
These demographic portraits of the recently separated and divorced give rise to many questions about the extent to which various groups make use of programs and services for working through this life transition. Do persons exiting marriages have different requirements for services than those ending common-law relationships? What types of programs and services does each of these groups use to help themselves and their children through the changes of separation or divorce? Are there particular demographic characteristics connected to low levels of contact with formal services?
According to the GSS, 57% of all persons who recently separated or divorced made use of one or more formal services to work through their transition (Table 6). The services of a lawyer were the most commonly used, by 44% of separated and divorced persons. Alternative Dispute Resolution was utilized by 14%. Alternative Dispute Resolution involves professional services such as mediation and conciliation which are available as an alternative to the court system. They are intended to help separating and divorcing persons resolve conflict and make decisions in a collaborative manner (Department of Justice Canada, 2006). Among those who used Alternative Dispute Resolution, 74% also consulted with a lawyer.
Table 6
Nearly 6 in 10 use formal services to navigate break-up
Social support services were used by 30% of the recently separated and divorced, the most common service being counseling. Very few persons, only 5%, made use of a financial service. Individuals who did not use any formal program or service at all constituted a substantial minority of 43%.
The majority of common-law partners do not use formal services during separation
The use of formal services for separation and divorce varied substantially by the type of union dissolution involved (Table 7). Sixty-five percent of those who left a common-law relationship between 2001 and 2006 did not make use of any formal program or service in the process of breaking-up. In contrast, those leaving marriages were much more likely to make use of services, including 69% of the recently separated and 82% of the recently divorced. As would be expected, those having had a divorce were the most frequent users of legal services and their alternatives (76%) compared with just 25% of individuals who left a common-law union. The rate of social support service use was approximately 4 in 10 for those leaving a marriage, through either separation or divorce, compared with just 18% for individuals dissolving a common-law relationship.
Table 7
Persons leaving common-law relationships less likely to use services
Regions differ in their use of social support services
Use of services differed somewhat across regions of Canada, with the Prairies showing the highest proportion of users overall (Table 8). Despite the relatively high prevalence of persons leaving common-law unions in Québec compared to other provinces, and the low usage of services associated with such break-ups, persons in Québec used legal services and their alternatives at about the same rate as other regions of Canada. In fact, Québec had the largest proportion of persons who made use of Alternative Dispute Resolution services. Twenty-two percent used services such as mediation and conciliation in Québec, compared to only 11% in other provinces. More in keeping with patterns of common-law break-ups, Québec showed the lowest proportion of social support service users (21%). British Columbia reported the highest (39%).
Table 8
Regions differ in use of social support services: highest proportion of users in British Columbia, lowest proportion in Quebec
Being young or less educated are potential barriers to service use
Two particular groups who used services much less than others were persons under the age of 30 and those with less than a high school diploma (Table 9). A much smaller percentage of these groups used services of any kind, including legal and social support services, compared to other groups. It should be noted that young persons were less likely to use services regardless of whether they were leaving a marriage or a common-law relationship.
Table 9
Persons under 30 and those with less than a high school diploma are less likely to use services
The GSS also showed that a somewhat greater proportion of women than men made use of both legal and social support services.
Those with children are more likely to use services
Persons who had dependent children with an ex-spouse or ex-common-law partner were much more likely to use every type of service – legal, social, and other services – than those without dependent children (Table 10). Overall, 74% of individuals with dependent children used a formal service of some kind, compared to only 45% of those who separated or divorced without dependent children.
Table 10
Those with dependent children are more likely to use services
Among those with dependent children who did not use any formal programs or services at all in navigating their break-up, about one in five1 reported that they did not know that such programs or services existed. Among those who were aware of services, 73% felt that they did not need any help.
Legal involvement in making arrangements for children varies
During separation or divorce, parents face the challenges of trying to arrange for the sustained financial well-being of their children, establishing new living arrangements for them, and ensuring a suitable approach to major decision-making about the children's health, religion and education. Among those who had recently separated or divorced with dependent children, 80% currently had an arrangement of some kind with their ex-partner regarding their children. Sixty-four percent had agreements for support or maintenance payments for their children, 62% for the amount of time children spent with each parent, and 61% for who makes major decisions for the children. Each of these types of agreements involved different degrees of legal involvement (Table 11).
Table 11
Financial arrangements for children are the most likely to involve legal system
Financial arrangements for children were the most likely to involve legal input, either from a lawyer, court services such as mediation, or from a hearing or a trial with a judge. Even so, 34% of financial support arrangements for children were based on verbal agreements or on written agreements made without legal counsel. The highest proportion of arrangements made without legal involvement were those around major decision-making for children (57%). Agreements around physical custody and the time spent with children fell somewhere in-between on the spectrum of legal involvement, with 46% being established without any legal input.
Separated and divorced persons with dependent children who had used a lawyer during the years 2005-2006 were asked to assess their services. When rating their helpfulness in terms of improving the way they and their ex-partner dealt with issues related to their children, such as arrangements, visitations, or financial support, 62% found lawyers to be very helpful or somewhat helpful. Ratings of general satisfaction were higher, with 78% of parents reporting that they were either very satisfied or satisfied with the assistance they received from a lawyer. Of those who were dissatisfied, the most common issues raised were high costs and slow progress.
Potential barriers in making arrangements for children were also examined. Among those who reported having no financial arrangements for the support of their children, the main reasons given included parental conflict and problems (30%), a lack of need or desire for it (22%), and situations with equal custody or where expenses are worked out amicably or as needed (20%). The reasons for having no arrangement for time spent with children included children being old enough to decide for themselves or living elsewhere (25%) and a preference for an informal, ad hoc approach (21%). Finally, for those who had no agreement regarding who makes major decisions about the children, the most common reasons noted were an absent or uninvolved parent (21%) and, once again, the preference for an informal, ad hoc approach (14%)2.
Summary
A mix of factors linked to use of services through separation and divorce
In this new millenium, the frequency of common-law break-ups in Canada is on par with marriage dissolutions. In working through these transitions in couple and family life, individuals leaving common-law unions show much less use of formal legal services and social support programs compared to their counterparts leaving marriages. Issues of age and education may be other factors which keep the recently separated and divorced away from formal sources of help. For those making arrangements for dependent children, a sizable number have no formal agreement in place. Parents report a mix of factors that come into play when trying to arrange for the financial support of their children, time spent with children and decision-making responsibilities. These findings all point to potential complexities for today's families in navigating the changes of separation and divorce.
Conclusion
Navigating family transitions in the new millenium
This analysis provided information about the transitions experienced by persons who had or adopted children as well as those who separated or divorced between 2001 and 2006. Regardless of the type of transition experienced, this survey allowed for the examination of services requested by people during significant events in their lives, whether happy or difficult.
One of the main findings of the study is that a notable proportion of parents used formal services put in place by governments and institutions to support the parental experience. Conversely, the majority of parents reported that they did not use formal services or support because they had no need to do so. In other words, parents choose from a range of services related to the child's arrival and use the ones that fit their needs.
Although the latest policy provisions are prompting more and more fathers to take parental leave, women are still more likely to take time off from work after a birth or adoption. Nonetheless, the proportion of fathers having taken a leave of some kind for the birth or adoption of a child increased between 2001 and 2006. While mothers take maternity leave, fathers usually allot themselves a few days of vacation or other paid or unpaid personal leave. With respect to parents who were unable to benefit from time off from work to care for their child, factors related to finances and employment figured among the reasons cited most often.
Whether following a short or extended leave of absence to care for a child between 2001 and 2006, the majority of parents returned to work. Most fathers returned to work in a month of the child's birth or adoption, mothers on the other hand took more time off, on average 6 months to 2 years.
The second part of the analysis on separation and divorce showed that parents of dependent children are among those who are likely to make use of formal programs and services during a couple break-up. Parents reported mixed results as they tried to make arrangements for their children in the aftermath of separation and divorce. While a majority had agreements for child support, residential custody, or major decision-making for children, a sizable number did not. Many decided to work out these arrangements between themselves, without lawyers, judges or other professionals. Non-users were sometimes unaware of services, but most declared that they did not need any. Still others were prevented from finding solutions as a result of persistent conflict with their former partners or dealing with an absent or uninvolved parent.
These many scenarios point to the complexities of separation and divorce for today's families. Socio-demographic findings also indicate important group differences in the experience of separation and divorce in Canada, especially for the growing numbers of persons leaving common-law unions. A broad range of family needs has been portrayed, suggesting important challenges for navigating transitions in the new millenium.
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