Can I file an equalization claim in Ontario while still legally married but separated?
Yes. Divorce is not required to bring an equalization claim in Ontario. Once spouses have separated — meaning they have decided to live separate and apart with no reasonable prospect of resumption — either spouse can start a court application for equalization under the Family Law Act.
Many people begin equalization proceedings well before any divorce application, and many finalize property division in a separation agreement without ever pursuing a formal divorce (some choose not to divorce for personal or religious reasons, or simply delay it).
Being still legally married while separated does not affect your right to equalize property. It also does not affect your ability to negotiate and sign a separation agreement. What does matter is the valuation date: property is valued at the date of separation (or another triggering date), not the date of divorce. Starting to organize financial records and understand your net family property as soon as separation occurs is always advisable.
Key takeaways
- You do not need to be divorced to file an equalization claim in Ontario
- Separation is the trigger — either spouse can apply once they have separated
- Property is valued at the date of separation, not the date of divorce
- Separation agreements can resolve equalization without any divorce proceeding