Which province's law applies to equalization if spouses lived in different provinces?

Family property division in Canada is governed by provincial law, not federal law (except for pension division under federal statutes). Ontario's Family Law Act applies when the equalization claim is brought in Ontario. In general, Ontario courts apply Ontario law to equalize property when the parties' last common habitual residence was in Ontario or the matter has a sufficient connection to Ontario.

If spouses lived in different provinces at separation, or one moved to another province, there can be a conflict of laws. Courts will consider where the parties ordinarily resided during the marriage and at separation to determine which province's law applies.

If significant assets are located in another province (like real estate), additional legal considerations may arise about how to characterize and value those assets. Addressing jurisdictional questions early — before filing a claim — helps avoid costly procedural disputes. A family law lawyer familiar with cross-provincial situations can assess which forum is appropriate.