Dealing With an Uncooperative Spouse in Divorce
Maggie Horsburgh • March 1, 2023

Divorce is personal. It is also very different for everyone.


Each of my divorces was different. One was quickly settled out of court, the other lasted years and in court. I’ve worked with divorcing couples where one Ex only wanted what was best for the other (to the point where I wondered why they were divorcing!) to where one Ex put up roadblock after roadblock in the sale of the marital home.


We would all prefer the first scenario, where cooperation is foremost, and each side works towards a win-win. But the reality is, divorces are emotional, often initiated by one party, and can dramatically affect the lives of those involved. This can create tension and cause one party to act out and fight the process.


When this happens, understand that you can’t control how your spouse will react throughout the process of separation and divorce, but there are ways to mitigate the tension and make it through to the other side. Remember though, regardless of their actions they ultimately cannot prevent the separation or divorce from happening.


Put everything in writing.
We all know the phrase “love is blind”. It implies that love can make someone overlook or ignore their partner’s flaws or negative qualities. In a divorce, those ‘rose-coloured glasses’ have come off and the opposite can be true. Your partner may focus on all the negative things you’ve said or done, even to the point of exaggeration or making things up. To avoid having your words or actions used against you, make sure everything you say and do is dated and well-documented during the entire process.


Talk it out.
Whether with a trusted friend, a family member, or a therapist, it’s important to talk things out with someone. Don’t keep everything locked up inside. It will only harm you. Even if that person can’t relate personally to what you’re going through, the process of purging your thoughts and emotions without judgement can be very healing. 


Community Support.
Divorce is not a quick process – it is a journey. DivorceCare™ is an organization that offers judgement-free support to those who need a safe place to heal. You can look for a local chapter here https://www.divorcecare.org/findagroup.


Compromise.
This isn’t going to work out 100% in either party’s favour. It never does. Meeting halfway on some things (or 70/30 in some cases) will show good intentions to resolve issues. Pick your battles and be realistic. I left more than I took in both divorces to help the whole process go smoother.


Be clear in communication.
Just like putting everything in writing, don’t leave anything to the imagination. Be clear with your wants and expectations and urge your spouse to do the same. 


Try to keep yourself mentally strong.
There are going to be many ups and downs throughout the divorce process. It can be hard to see someone you once loved act out and say things in ways that hurt you. Keep up with exercise routines, eat a healthy diet, meditate, and connect with friends and family. All of these things will help to keep you mentally strong.


Give yourself time.
Separation and divorce take time. Lots of it. Set yourself realistic expectations about a process that may take months, and when one party is uncooperative, sometimes years.


Maintain restraint.
With emotions running high, it can be easy to start name-calling, or acting out against your former spouse. Restraint is the key, especially if there are children in the picture. Even if your Ex is acting poorly, you’ll be able to look back and know that you refrained and were mature through the entire process. It will set a good example for your children and one day they will appreciate you for it.


Hire professionals. Work with divorce professionals including family law lawyers, mediators, counsellors and Realtors® like myself who are certified in divorce real estate. They are skilled and trained to help neutralize tough situations to ensure that everything is done legally and as efficiently as possible.


Finally, remember to focus on the present and the future. What’s important right now is moving forward. Don’t dwell on the past or what could have been. Focus on taking a step forward and starting your new life. There is a reason the windshield is bigger than the rearview mirror – the road ahead is more important than the one behind.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Views expressed are my own. Please consult a lawyer for advice on legal matters.

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Man reading a book on a couch in a bright living room while another person uses a laptop in the background
By Maggie Horsburgh June 25, 2026
I remember sitting in my parents' living room, watching them go about an ordinary Sunday afternoon. My mother puttering in the kitchen. My father flipping through his horse magazines. They weren't unhappy. There was a certain comfort in the life they had built together, a familiar rhythm shaped by decades of shared history. They had become experts at coexistence. The sharp edges had softened with time, but so too had some of the wonder. They moved around one another with the ease of people who knew each other's habits by heart, yet I sensed a quiet distance between them. Not conflict. Not loneliness. Just an absence of curiosity, anticipation, or connection. Life seemed less like an adventure they were experiencing together and more like a routine they had mastered. And as I sat there watching them, a question settled heavily in my chest: Is this it? Is this what we're working toward? We fall in love, get married, raise our children, build careers, pay the bills, save for retirement, and then one day find ourselves sitting across from the person we've spent a lifetime with. If the children are gone, the careers are winding down, and the responsibilities have eased, what remains? Is the goal simply to endure together? Or is there meant to be something more? The question felt disloyal at the time, maybe even selfish. After all, wasn't this exactly what my parents had worked so hard to build? But once it appeared, I couldn't shake it. That question stayed with me for years. It turns out I wasn't the only one asking it. That uncomfortable question is driving a shift in family life right now. Across North America, more couples over fifty are choosing to end long-term marriages - a phenomenon researchers call grey divorce . Its rise has forced us to rethink some long-held assumptions about marriage, aging, and what we want from the second half of life. And if you're in that season of life, there's a good chance you know at least one couple it has touched. Maybe it's touched you. For many people, the children leaving home doesn't just create empty bedrooms. It creates space to finally look at life itself. Without the distractions, responsibilities, and busyness that once held everything together, some couples find themselves facing a difficult truth: they no longer recognize the life they've built or the person sitting across from them. We're Not Who We Were at 25 Here's the thing nobody says at the wedding: people change. A lot. The person you married at 27 may be almost unrecognizable at 60, and so might you. That's not a failure. That's just life doing what life does. Many grey divorces aren't dramatic. There's no affair, no blow-up moment, no single villain. It's more of a slow drift. Two people who built a life around kids, careers, and keeping the wheels turning suddenly find themselves across the breakfast table with nothing left to manage. Realizing they don't actually know each other all that well anymore. Or worse, they know each other perfectly, and that's the problem. Retirement Breaks Things Retirement was supposed to be the reward. The destination. You grind for 35 years, you get the gold watch, and then life begins. Nobody warned us that "life beginning" requires actually knowing what kind of life you want. Particularly for men, work is identity. Its structure, purpose, status, and social life all rolled into one. When it disappears, the vacuum can be enormous. Some guys handle it beautifully and discover themselves. A lot don't. And instead of confronting that loss of purpose, it gets directed at the marriage. Suddenly, couples who used to co-exist comfortably around busy schedules are home together 24 hours a day. Routines that held a marriage together evaporate. Tension shows up in places it never did before. I've seen perfectly decent couples unravel in the first year of retirement because they had no idea who they were to each other outside of the logistics of running a family. The Unfulfilled Dream Factor This part gets me every time. I've watched many people spend their best years waiting. Waiting until the kids are grown. Waiting until retirement. Waiting until then . And then "then" arrives and there isn't enough of it left. My mother may have had a list. Things she wanted to do, places she wanted to go, parts of herself she planned to explore "someday." I imagine if she had a list, she secretly kept it on a notepad in her bedside drawer. Maybe it existed only in her mind. If there were a list of things, I don’t know if she ever did them. That haunts me more than I'd like to admit, and I think it's part of why I can't judge anyone who, at 65 or 75 or even older, decides they're done waiting. I once worked with a couple in their early 80s who were separating after 60 years of marriage. Everyone around them was shocked. I wasn't. I could see that she had one chapter left, and she was not going to spend it the same way she'd spent the rest. What struck me wasn't the separation. It was the fact that she still had dreams. I was relieved that she still had dreams. The House in the Middle Okay, here's where I put on my real estate hat, because this is where things get genuinely complicated. In Ontario, the matrimonial home is treated as a joint asset, full stop. It doesn't matter whose name is on the deed, who paid the mortgage, or how long you've lived there. It's split equally. And that's just the house. Pensions, RRSPs, investments accumulated during the marriage — all of it goes into the pot. When you add legal fees into the mix, something shifts quickly. A couple who once had a comfortable retirement plan can suddenly find themselves as two individuals trying to build separate lives on what used to support one household. The financial reality of that change is often more significant than people expect. And perhaps what makes it even more complex is timing. There is no long runway to recover. Divorce in your 30s is painful, but there are decades of earning ahead. Divorce at 65 or 70 means rebuilding on whatever time is left, with far less room for adjustment. There's also the inheritance piece, and it's awkward but worth stating: when one or both spouses move on to new relationships, estate planning gets complicated fast. Kids who thought they understood what was coming can find themselves blindsided. That resentment is real, and it's worth thinking through early. These are not abstract financial structures. They are lived realities inside families. My husband likes to describe his work in his seventies as “laying fresh pavement” every day because the runway, as he puts it, technically ended, and he is simply extending it as he goes. I think about that often when I look at this stage of life and these kinds of transitions. Some people are still building. Some are beginning again. And some are doing both at the same time. That’s what makes this stage of life so complex. Not just emotionally, but structurally, practically, financially. Everything matters more because there is less time to absorb the impact. You Have More Options Than You Think When it comes to the family home, couples have real choices. Sell and split. One spouse buys the other out. There are creative arrangements that work when both parties approach the situation practically rather than emotionally… though I won't pretend that's easy when you're grieving a 40-year marriage at the same time. What matters most is getting the right people around you early. A family lawyer who understands late-life divorce. A financial planner who can show you what both paths actually look like. And a Realtor who has seen this before and won't treat your home like just another listing. Because it isn't. Grey divorce is often hard. It can be expensive and emotional, and for many people, it reshapes what they thought their future would look like. But it can also be the beginning of something you never allowed yourself to consider before. With eyes open, good advice, and honest support, some people find their way into a life they hadn’t yet imagined. What that life looks like depends on what people are willing to imagine next.
Leaky chrome faucet dripping water against a warm yellow background
By Maggie Horsburgh May 4, 2026
If you’ve just separated and you’re staring down a house that needs work… whether you’re preparing to sell or settling in for the long haul, this is one of the parts nobody prepares you for.