The Real Cost of Conflict
Maggie Horsburgh • July 29, 2026

When Divorce Becomes a Battlefield

If you have never seen the movie, The War of the Roses, put it on your list. Michael Douglas and Kathleen Turner play a couple so committed to destroying each other that they end up smashing china, poisoning pate, and eventually swinging from a chandelier in their own foyer. 


The movie opens and closes with a divorce lawyer telling a client "divorce is survivable," and then spends two hours proving that if you fight hard enough, it barely is. It's a black comedy, but every family lawyer I know says the same thing when they watch it: "I've seen this exact family." I have too, and not just in the movies. 


Watching the movie now, I grin - but only because I've seen versions of it play out in real life. I went through two divorces myself before I ever represented clients navigating one, and I can tell you the Roses weren't nearly as fictional as we'd like to believe. 


What Litigation Actually Costs


People often ask me why divorce costs so much. The answer isn't the divorce itself - it's the conflict. 


In Ontario, a fully contested divorce that goes all the way to trial can cost $50,000 to $150,000 or more per spouse. Add expert witnesses, financial valuations, parenting assessments, motions, case conferences, and appeals, and the total cost can exceed $300,000 per person in the most complex, high-conflict cases. 


That is not a typo.


That's a down payment on a home. A child's education. Years of retirement savings. Money that could have been used to build the next chapter of your life is instead consumed by conflict.


And here's the heartbreaking reality: in many cases, the amount spent fighting exceeds the value of what the parties were fighting over in the first place. I’ve seen this with my own eyes. 


There Is Another Way 


That is why many families explore alternatives like Collaborative divorce. 


At first glance, Collaborative divorce can seem expensive because you’re paying an entire professional team instead of one lawyer - typically two collaboratively trained lawyers, a neutral financial specialist, and sometimes a divorce coach or family professional. But that's looking at the cost of the meeting instead of the cost of the divorce. 


Depending on the complexity of the issues involved, collaborative matters often cost between $5,000 and $50,000. While no two divorces are the same, collaborative divorce is generally far less expensive than a fully litigated one and is often resolved in months rather than years. Families preserve more of their financial resources — and more of their emotional energy — for the next chapter of their lives. 


It resolves faster too, often in a handful of structured meetings instead of years of court dates. The upfront sticker shock scares people off, but it is almost always cheaper in the end, and a lot less damaging to your kids, your credit, and your sanity.


Collaborative divorce isn't the right fit for every family. If the process breaks down and the matter proceeds to litigation, the collaborative lawyers must withdraw. Each spouse then hires new litigation counsel, pays new retainers, and starts over with an entirely new legal team. 


It's like renovating your kitchen, firing the contractor halfway through, and hiring someone new who has to redo the demo before they can even begin. Painful. Expensive. (And yes...ask me about my recent bathroom renovation!)


It Is Rarely About the Money


After watching enough of these files unfold, I have come to believe the real driver of conflict costs is not greed over assets. 


Most people aren't fighting over money. They're fighting to be heard. 


They want someone to acknowledge their experience, their fears, and their position. 


When someone feels heard and validated in the process, whether by a mediator, a coach, or even just their own lawyer slowing down long enough to listen, the financial battle often loses its steam entirely. Collaborative teams intentionally build this into the process by including professionals whose role is to improve communication and ensure both people feel acknowledged rather than steamrolled. 


This is especially true when one spouse has narcissistic traits or highly defensive communication patterns. The instinct is often to fight fire with fire — to expose the behaviour, call it out, or shame them into changing. Unfortunately, that rarely works. Aggressive or shaming language doesn't de-escalate the conflict; it fuels it. It gives them exactly the attention and emotional reaction they're seeking, and the conflict escalates instead of resolving.


What actually works is strategic validation: acknowledging someone's perspective without necessarily agreeing with it, allowing them to feel heard without surrendering the outcome. It sounds counterintuitive - almost like flattering the dragon - but it's far less expensive than feeding the conflict with years of legal fees.


The Roses never got a mediator, a coach, or anyone in the room whose job was to help them feel seen. They just got angrier and more expensive, scene by scene, until there was nothing left of the house or the marriage.


Real divorce does not need a chandelier scene to become a tragedy. It only needs two people who stop listening and a conflict that becomes more important than the future they're trying to build.


If there's one lesson I've learned - both from my own divorces and from helping others through theirs - it's this: people who feel heard make better decisions. Better decisions cost less, hurt less, and leave far more of your future intact.


In the end, the greatest cost is rarely the legal fees themselves. It's the price of unresolved conflict.



No one walks away from divorce unchanged. But you do get to choose whether you're investing your time, money, and energy in building your next chapter - or spending them trying to win the last one.

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. 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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
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