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Family

Can a court change the equalization payment if it would be unconscionable?

TSL Written by the Treadstone Law team· Updated June 2026

Yes, but only in narrow circumstances. Section 5(6) of the Family Law Act gives a court the power to order an unequal division of net family property if the standard equalization result would be unconscionable. This is a high bar — courts have emphasized that "unconscionable" means shockingly unfair, not merely unfair or unexpected.

Factors the court may consider include: a spouse's deliberate or reckless depletion of net family property, incurring debts recklessly, a very short marriage where equalization would produce a windfall, an agreement (other than a valid domestic contract) between the parties, or a spouse's bad faith in the circumstances. A difference in financial sophistication alone is generally not enough.

Because "unconscionability" is strictly interpreted, winning such a claim is not easy. If you believe the standard formula produces a deeply unfair result in your situation, discuss the specific facts with a family law lawyer to assess whether a claim for unequal division is realistic.

Key takeaways

  • Courts can order unequal division only if the result would be unconscionable — a very high bar
  • Deliberate waste of assets, reckless debt, or very short marriages may support a claim
  • General unfairness or a better deal for one spouse is not enough
  • Section 5(6) claims require careful legal analysis of your specific facts
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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