Does equalization apply the same way in a very short marriage in Ontario?
The standard equalization formula applies regardless of how long the marriage lasted — there is no minimum duration. A marriage of one year or two years still triggers full equalization rights. However, the duration of the marriage is one of the factors a court may consider when deciding whether the standard equalization result would be unconscionable under section 5(6) of the Family Law Act.
In a very short marriage, equalization can sometimes produce results that feel like a windfall to the receiving spouse — for example, if one spouse rapidly accumulated wealth that the other spouse had little role in generating. Courts have occasionally used the unconscionability provision to reduce an equalization payment in such cases, but the threshold is high and it is not automatic.
If you are in a short marriage and believe the standard formula produces a deeply unfair result, a family law lawyer can assess whether an unequal division claim is realistic based on your specific facts.
Key takeaways
- Equalization applies in all marriages regardless of length
- A very short marriage can be a factor in an unconscionability claim under section 5(6)
- Courts do not automatically reduce equalization for short marriages
- Legal advice is needed to assess whether an unequal division claim has merit