Does settling equalization affect my ability to remarry in Ontario?
Settling equalization itself does not affect your ability to remarry. Remarriage in Canada requires a formal divorce order under the Divorce Act — equalization and divorce are separate legal matters. You could reach a complete equalization settlement in a separation agreement and still be legally married (though separated), which would prevent remarriage until you obtain a divorce order.
There is no legal requirement to complete equalization before applying for a divorce, and there is no requirement to be divorced before settling equalization. Many people finalize equalization and support in a separation agreement long before they apply for a formal divorce, and apply for divorce only when one or both parties wish to remarry.
If remarriage is a priority, pursuing the divorce application concurrently with or after completing property settlement is practical. Ontario courts grant uncontested divorces relatively efficiently once the parties have been separated for at least one year, which is the standard ground for divorce under the Divorce Act.
Key takeaways
- Settling equalization does not allow remarriage — only a divorce order does
- Equalization and divorce are separate legal processes that proceed independently
- You can finalize equalization in a separation agreement while still legally married
- Apply for divorce if and when remarriage becomes relevant — one year separation is the standard ground