GAMBLING MOTHER LOSES DIVORCE TRIAL

In 2002, Maria and Tony were married. They separated in 2016 and were divorced in 2019. Their son Leo is an adult but, because he lives with autism, Maria sought child support and spousal support from Tony, who earned $50,000 per year.

The judge heard that Maria had a gambling problem and that, during the marriage, she deposited at least $2 Million into her bank account. Maria said that this was money that others gave her to play the slots “because she was lucky”.

Tony asked that Maria’s claims against him be dismissed.

After hearing the trial of this case, the judge ruled that Maria had recklessly dissipated family assets and gambled away money she could have used to cover Leo’s expenses in the future.

Under Ontario’s Family Law Act, a judge can award a spouse a sum less than 50% if it would be unconscionable, “having regard to reckless depletion of her net family property”.  That is exactly what this judge ruled.

The judge dismissed all claims by Maria except for support for Leo.

CASE LINK: https://www.canlii.org/en/on/onsc/doc/2023/2023onsc5240/2023onsc5240.html?autocompleteStr=Moretti%20v.%20Moretti%2C%202023%20&autocompletePos=1

Editorial Note: Originally published in 2023, this article examines a case where a parent’s gambling habit had serious legal consequences in divorce court. The ruling is a sharp reminder that financial conduct during a marriage can significantly impact support and property outcomes.

Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., Cert.F.Med., C.Arb., FDRP PC, is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law, a Certified Specialist in Parenting Coordination and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator/Arbitrator and Parenting Coordinator. Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation/Arbitration to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.