400 plain-language Q&As about Ontario family. Browse below, or search the whole library.
Yes, in most cases a parent is required to continue paying child support when an adult child is enrolled full-time in a post-secondary program. Both…
Read the full answer →Technically, yes — adultery is one of the three grounds for marriage breakdown under the Divorce Act, and if proven, you do not have to wait for the…
Read the full answer →Once an equalization payment is ordered by a court or agreed to in a separation agreement, it is generally final. Unlike spousal support or child…
Read the full answer →Yes. Equalization is a financial debt between spouses, but it can be satisfied in any way both parties agree — or that a court orders. Cash is the…
Read the full answer →A child cannot unilaterally decide where they live in Ontario, but their views and preferences are one important factor courts consider under the best…
Read the full answer →Courts in Ontario have the authority to set aside or vary a separation agreement in certain situations, though they generally respect agreements that…
Read the full answer →A divorce cannot be "cancelled" or reversed once it takes effect. The Divorce Act allows for an appeal of a divorce order within the 31-day period…
Read the full answer →Yes, but there is a nuance. Divorce itself is governed by the federal Divorce Act, which deals with parenting, child support, and spousal support.…
Read the full answer →Yes, but with important restrictions. The Family Law Act allows spouses to deal with matrimonial home rights in a domestic contract — either a marriage…
Read the full answer →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…
Read the full answer →Yes. Under the Family Law Act, spouses can contract out of equalization entirely through a domestic contract — either a marriage contract signed before…
Read the full answer →Yes. Under Ontario's Children's Law Reform Act, grandparents and other persons with a close relationship to a child (such as step-parents or other…
Read the full answer →Generally, no — not if the home is your matrimonial home. Both married spouses have an equal right to possess the matrimonial home under the Family Law…
Read the full answer →Yes. You do not need your spouse's agreement or cooperation to obtain a divorce in Ontario. If your spouse refuses to participate, you can file a sole…
Read the full answer →Generally no — not if the move would qualify as a relocation and your co-parent objects. Under the Divorce Act, if a move would significantly affect…
Read the full answer →Yes, you can bring a court application to prevent the move — but the outcome depends on your parenting arrangements and the specific circumstances. You…
Read the full answer →Yes, spouses can agree in a separation agreement to waive or limit spousal support. Under the Family Law Act, a domestic contract can address support,…
Read the full answer →If you and your co-parent share joint decision-making responsibility, neither parent can unilaterally change the child's school without the other's…
Read the full answer →Religious upbringing is explicitly recognized as a major decision under Canadian family law. If parents share joint decision-making responsibility,…
Read the full answer →The answer depends on your decision-making arrangement. Mental health treatment — particularly ongoing therapy — is generally considered a major…
Read the full answer →Parents can agree on a child support amount in a separation agreement, but a court will only accept a number below the Guidelines table if specific…
Read the full answer →Most equalization matters in Ontario are resolved without going to court. Spouses can negotiate directly, use lawyers to negotiate on their behalf,…
Read the full answer →Yes, a separation agreement can be changed after it is signed, but both parties must agree to any changes. A variation must be made in the same way as…
Read the full answer →Yes, spousal support orders can be changed, but the person asking for the change must show there has been a "material change in circumstances" since…
Read the full answer →Yes. In Ontario, unpaid spousal support arrears can be enforced against the payor's real property through the Family Responsibility Office (FRO). The…
Read the full answer →No. The Family Law Act prohibits a spouse from selling, mortgaging, leasing, or otherwise disposing of an interest in the matrimonial home without the…
Read the full answer →In Ontario, your spouse cannot automatically "take half your business" the way the question implies, but the value of your business is almost certainly…
Read the full answer →No. The matrimonial home provisions of Ontario's Family Law Act apply only to married spouses. Common-law partners — regardless of how long they have…
Read the full answer →Yes. Ontario courts recognize that many couples cannot afford to move into separate homes immediately. You can be legally separated even while sharing…
Read the full answer →You can write your own separation agreement in Ontario; there is no law requiring a lawyer to draft it. However, to be enforceable, a separation…
Read the full answer →In Ontario, there is no legal requirement that lawyers draft or review your separation agreement. Two spouses can write and sign their own agreement,…
Read the full answer →A child support order can be changed through a formal court process called a motion to vary. To succeed, you must show that there has been a material…
Read the full answer →Yes, but not easily — the law requires a "material change in circumstances" before a court will vary (change) a divorce order. A material change is a…
Read the full answer →Yes. After your divorce is final, you have the right to return to your birth name or a name you used before the marriage. In Ontario, you can make this…
Read the full answer →Child support does not automatically end at age 18 in Ontario. Under both the Divorce Act and the Children's Law Reform Act, support can continue for a…
Read the full answer →A legal obligation to pay child support exists independently of any court order. Under Ontario's Children's Law Reform Act, every parent has a legal…
Read the full answer →In Ontario, child support orders are automatically filed with the Family Responsibility Office (FRO) unless both parents file a written agreement to…
Read the full answer →The Child Support Guidelines apply to all families regardless of income level. When a payor's annual income exceeds the top of the Guidelines table —…
Read the full answer →Child support in all Ontario divorces — contested or uncontested — is calculated using the federal Child Support Guidelines. These guidelines set a…
Read the full answer →A significant involuntary decrease in income can be grounds to vary a child support order, but the reduction does not happen automatically. You must…
Read the full answer →When a payor's income increases, the child support obligation typically increases as well, because the Guidelines table amount is tied directly to…
Read the full answer →Lump-sum child support is legally possible in Ontario but courts award it sparingly. The default under the Child Support Guidelines is periodic…
Read the full answer →Generally, a new partner's income does not directly affect how much child support a payor owes. The Child Support Guidelines calculate support based on…
Read the full answer →Yes. Child support and parenting time (formerly called access) are legally separate obligations in Ontario. A payor parent does not get to reduce or…
Read the full answer →Calculating child support for a self-employed payor is often the most contested part of a support dispute. The Guidelines require full financial…
Read the full answer →Yes. Pets can be addressed in a cohabitation agreement, and doing so is increasingly common. Under Ontario law, pets are legally treated as personal…
Read the full answer →Yes. A cohabitation agreement can explicitly preserve assets you intend to leave to children from a previous relationship by treating those assets as…
Read the full answer →Yes. Separated common-law or married partners in Ontario can enter into a domestic contract — specifically a separation agreement — at any time after…
Read the full answer →In Ontario, a religious ceremony without civil solemnization does not create a legal marriage. To be legally married, a couple must obtain a marriage…
Read the full answer →Under Ontario's Family Law Act, a cohabitation agreement that was made while the parties were living together automatically becomes a marriage contract…
Read the full answer →Yes, this is exactly the situation where a cohabitation agreement is most useful. When one common-law partner owns the home and the other does not, the…
Read the full answer →The cost varies depending on the complexity of the couple's financial situation, whether both parties negotiate or simply sign what one party's lawyer…
Read the full answer →Yes, a properly made cohabitation agreement is legally binding and enforceable under Ontario's Family Law Act. To be valid, it must be in writing,…
Read the full answer →Yes. There is no requirement under Ontario's Family Law Act that a cohabitation agreement be signed before the couple moves in together. Couples who…
Read the full answer →A cohabitation agreement in Ontario does not have an automatic expiry date — it remains in effect indefinitely unless it is revoked or superseded. This…
Read the full answer →Yes. Financial disclosure is one of the most critical requirements for a cohabitation agreement to withstand challenge. The Family Law Act lists…
Read the full answer →Immigration to Canada is federal, and a cohabitation agreement — a provincial family law document — does not directly affect your immigration status.…
Read the full answer →Yes, blended family situations add complexity that a cohabitation agreement is well-suited to address. If one or both partners have children from a…
Read the full answer →Yes, mediation is a recognized and useful option for couples who want help negotiating the terms of a cohabitation agreement. A family mediator is a…
Read the full answer →For common-law couples in Ontario, each partner already keeps their own separately owned property when the relationship ends, because common-law…
Read the full answer →A cohabitation agreement is not legally required to buy a home together, but it is strongly advisable. Without one, the legal ownership of the home is…
Read the full answer →Under Ontario's Family Law Act, a domestic contract — including a cohabitation agreement — must meet three formal requirements to be valid: it must be…
Read the full answer →Yes, a cohabitation agreement can include a clause by which both partners waive the right to claim spousal support from each other. This is expressly…
Read the full answer →Yes, it is a good idea to address existing student loan debt in a cohabitation agreement, particularly if one partner carries significantly more debt…
Read the full answer →A cohabitation agreement can include provisions addressing what happens on death — for example, confirming that each partner retains their own…
Read the full answer →Yes. A cohabitation agreement, like any domestic contract under Ontario's Family Law Act, can be amended or revoked at any time by mutual agreement of…
Read the full answer →Both are types of domestic contracts recognized under the Family Law Act, and they serve a similar purpose — allowing a couple to set their own rules…
Read the full answer →A cohabitation agreement is a written contract between two people who are living together or planning to live together but are not married. In Ontario,…
Read the full answer →A cohabitation agreement should be tailored to the couple's specific circumstances, but certain core topics appear in most well-drafted agreements in…
Read the full answer →Ontario law does not require a common-law partner to sign a cohabitation agreement, and there is no legal mechanism to compel them to do so. If your…
Read the full answer →Technically, the Family Law Act requires only that a domestic contract be in writing, signed by both parties, and witnessed — it does not explicitly…
Read the full answer →Collaborative family law is a structured approach to separation in which both spouses and their lawyers commit in writing to resolving all issues…
Read the full answer →Yes. Child support is a right of the child and is not affected by whether the parents were married or in a common-law relationship. Both biological and…
Read the full answer →Yes, but this is a federal benefit, not a provincial one. The Canada Pension Plan recognizes a common-law partner as a spouse if the couple cohabited…
Read the full answer →Generally, each person is liable only for debts in their own name. Unlike some aspects of marriage, common-law status in Ontario does not automatically…
Read the full answer →Ontario law does not use one single definition of "common-law" for every purpose. The threshold varies depending on which statute applies to your…
Read the full answer →Yes. Common-law partners have the same access to protective orders as married spouses under Ontario law. The Family Law Act allows either party in a…
Read the full answer →If your name is not on the property title, you do not have automatic ownership rights simply because you are a common-law partner in Ontario. Unlike…
Read the full answer →Only if the relationship meets the qualifying threshold. Under the Succession Law Reform Act, a common-law spouse who has cohabited continuously for at…
Read the full answer →There is no automatic right in Ontario to take a partner's last name as a result of a common-law relationship. In Ontario, a legal name change requires…
Read the full answer →Yes. Ontario's social assistance programs use household income and assets when assessing eligibility and benefit amounts. Under Ontario Disability…
Read the full answer →Whether a common-law partner is covered under an employer's group benefits plan depends entirely on the terms of the plan, not Ontario family law…
Read the full answer →This depends on the type of pension and the governing legislation. For married couples in Ontario, the Family Law Act entitles a spouse to include…
Read the full answer →No. This is one of the most significant differences between marriage and common-law relationships in Ontario. Married spouses have a statutory right to…
Read the full answer →Common-law couples in Ontario share some rights with married couples but have important gaps. On the similar side: both can claim spousal and child…
Read the full answer →Yes. You can designate any person, including a common-law partner, as the named beneficiary of your RRSP. When a beneficiary is named directly on the…
Read the full answer →There is no formal government process to "dissolve" a common-law relationship the way divorce ends a marriage. Common-law couples simply separate —…
Read the full answer →No. The divorce process — and the Divorce Act itself — applies only to legally married spouses. Common-law couples, no matter how long they have lived…
Read the full answer →Yes, once a couple meets the qualifying threshold under the Family Law Act — three continuous years of cohabitation, or a relationship of some…
Read the full answer →Tax filing is federal, not provincial. Under the Income Tax Act, you must report your relationship to the Canada Revenue Agency once you have lived…
Read the full answer →Under the Family Law Act, a common-law couple must have "cohabited continuously" for at least three years to qualify for spousal support (absent a…
Read the full answer →During a parent's parenting time, that parent is responsible for the child's day-to-day care and can make emergency medical decisions without waiting…
Read the full answer →Ontario's Family Law Act allows spouses to jointly register a designation of matrimonial home against the property on title. This formal designation…
Read the full answer →These three terms describe different legal situations, and it is worth understanding each one clearly. Separation means the spouses have decided to…
Read the full answer →Separation and divorce are distinct legal states. When you separate, you and your spouse decide to live separate and apart with the intent to end the…
Read the full answer →Canada Pension Plan (CPP) credit splitting is a separate process from Ontario's family law equalization and operates under federal legislation. Upon…
Read the full answer →In Ontario, pensions are treated as property for the purpose of equalization under the Family Law Act. The value of a pension that accrued during the…
Read the full answer →The matrimonial home receives special treatment under Ontario's Family Law Act. Both spouses have an equal right to possession of the matrimonial home,…
Read the full answer →Yes. Provided you have lived in Ontario for at least one year, you can file for divorce here even if your spouse lives abroad. The Ontario court has…
Read the full answer →When divorcing with children, the court's primary concern under both the Divorce Act and Ontario's Children's Law Reform Act is the best interests of…
Read the full answer →Yes. The Divorce Act is a federal statute that applies across Canada. You do not need to have been married in Ontario to divorce in Ontario — what…
Read the full answer →Both spouses are not legally required to have separate lawyers, but it is strongly recommended. One lawyer cannot represent both parties in a…
Read the full answer →No, there is no legal requirement for both spouses to retain separate lawyers in an uncontested divorce. Many couples complete a straightforward…
Read the full answer →No. Ontario's equalization scheme under the Family Law Act applies only to married spouses. Common-law partners — no matter how long they lived…
Read the full answer →No — in Ontario, common-law partners do not have the same automatic property rights as married spouses when they separate. This is one of the most…
Read the full answer →Yes — in Ontario, marriage is not required for a spousal support obligation to arise. The Family Law Act allows a person to claim support from a former…
Read the full answer →You are not legally required to hire a lawyer to get a divorce in Ontario. Self-represented litigants (people who represent themselves) do file and…
Read the full answer →You are not legally required to hire a lawyer to separate in Ontario. Separation itself is a factual event — it happens the moment you decide to live…
Read the full answer →No. Joint decision-making responsibility and equal parenting time are two entirely separate concepts in Ontario family law, and they do not go together…
Read the full answer →If your income increases significantly after a support order is made, your ex-spouse may apply to vary the order to increase the amount of support you…
Read the full answer →No. A separation agreement in Ontario does not need to be filed with a court to be valid and binding between the parties. Unlike a court order, a…
Read the full answer →Retirement can be a valid reason to apply to vary or terminate spousal support, but it does not end payments automatically. The paying spouse must…
Read the full answer →Yes. Full and frank financial disclosure is a legal obligation in Ontario family law proceedings, including spousal support cases. Both the payor and…
Read the full answer →Yes, a recipient's own assets and investment income are directly relevant to both entitlement and the amount of any support award. Spousal support…
Read the full answer →If your divorce order includes child support or spousal support and your ex-spouse stops paying, the Family Responsibility Office (FRO) is the primary…
Read the full answer →After an eight-month marriage without children, entitlement to spousal support is possible but difficult to establish. Courts and the Spousal Support…
Read the full answer →Yes. Divorce is not required to bring an equalization claim in Ontario. Once spouses have separated — meaning they have decided to live separate and…
Read the full answer →A locked-in pension — one with restrictions on early withdrawal because it originates from workplace pension funds — can still be divided as part of…
Read the full answer →Selling the matrimonial home is often the central financial event in a separation. The net proceeds — after paying off the mortgage, real estate fees,…
Read the full answer →Receiving an equalization payment can affect eligibility for means-tested government programs in Ontario, including the Ontario Disability Support…
Read the full answer →Ontario provides an exemption from provincial land transfer tax when real property is transferred between spouses (or former spouses) as part of a…
Read the full answer →Yes. A spouse's student debt is a liability that reduces their net family property in the equalization calculation. Under the Family Law Act, a spouse…
Read the full answer →Under Ontario's Family Law Act, a surviving spouse can choose between receiving their inheritance under the deceased spouse's will (or intestacy rules…
Read the full answer →No. You do not need to be divorced to receive or pay an equalization payment in Ontario. The right to equalization arises when the marriage breaks down…
Read the full answer →Equalization works the same way in a second marriage as in a first. Each spouse calculates their net family property at the date of separation by…
Read the full answer →Settling equalization itself does not affect your ability to remarry. Remarriage in Canada requires a formal divorce order under the Divorce Act —…
Read the full answer →The standard equalization formula applies regardless of how long the marriage lasted — there is no minimum duration. A marriage of one year or two…
Read the full answer →No. Assets acquired after the valuation date — which is typically the date of separation — are not included in either spouse's net family property for…
Read the full answer →Money received as a gift from someone other than your spouse during the marriage can be excluded from your net family property — meaning it does not…
Read the full answer →Yes. Under the Income Tax Act (a federal law that applies in Ontario and all provinces), RRSP funds can be transferred directly from one spouse's RRSP…
Read the full answer →When the matrimonial home is the primary or only significant asset, the equalization calculation still applies but the practical outcome often reduces…
Read the full answer →Family property division in Canada is governed by provincial law, not federal law (except for pension division under federal statutes). Ontario's…
Read the full answer →Under the Family Law Act, certain types of property are excluded from a spouse's net family property calculation, meaning their value does not factor…
Read the full answer →Generally, an exclusive possession order becomes moot or is superseded once the final property issues are resolved. If a separation agreement or court…
Read the full answer →An exclusive possession order does not automatically determine who pays the mortgage or other carrying costs of the matrimonial home. The order…
Read the full answer →When both spouses want to remain in the matrimonial home and cannot agree, either can bring an exclusive possession motion and ask the court to decide.…
Read the full answer →No. An exclusive possession order means the other spouse must vacate and not return without the permission of the occupying spouse or a court order.…
Read the full answer →Yes. Exclusive possession orders can apply to any property that qualifies as a matrimonial home under the Family Law Act, including a cottage or…
Read the full answer →Exclusive possession orders often arise precisely because of children. Courts prioritize stability and continuity for children of a marriage, and…
Read the full answer →An exclusive possession order does not automatically change support obligations, but the financial reality of the arrangement often feeds into support…
Read the full answer →Income is one of the factors courts consider when deciding exclusive possession, but it is not determinative on its own. The court looks at the…
Read the full answer →You are not legally required to have a lawyer to apply for exclusive possession — you can represent yourself (self-represented litigants are permitted…
Read the full answer →There is no automatic legal rule preventing a separated spouse from having someone else in the matrimonial home, but the circumstances matter greatly.…
Read the full answer →Yes, exclusive possession can be granted even when there are no children, but it is harder to obtain. The children's best interests factor is often the…
Read the full answer →Yes. An exclusive possession order can be varied or terminated if there has been a material change in circumstances since the original order was made.…
Read the full answer →An exclusive possession order does not automatically include any financial adjustment for the spouse who must leave. That spouse will bear their own…
Read the full answer →Pets occupy an unusual legal position in Ontario family law. As of amendments to the Ontario Family Law Act, companion animals — pets kept primarily…
Read the full answer →Yes. The exclusive possession provisions of Ontario's Family Law Act apply to the matrimonial home regardless of whether the couple owns it or rents…
Read the full answer →Equal parenting time does not prevent a court from granting exclusive possession, but it complicates the analysis. Where both parents spend equal time…
Read the full answer →An exclusive possession order under the Family Law Act is temporary, not permanent. It is a tool for managing the living situation during the…
Read the full answer →The timeline for obtaining an exclusive possession order depends on the urgency of the situation and the court's schedule. In genuine emergencies —…
Read the full answer →Yes. Domestic violence is one of the strongest grounds for an exclusive possession order, and courts can act urgently. An emergency motion can be…
Read the full answer →The Family Law Act and an exclusive possession order do not automatically assign property tax responsibility. This is typically addressed either in the…
Read the full answer →Yes. Spouses can agree between themselves about possession of the matrimonial home without a court order. This is often the preferred approach — it is…
Read the full answer →The Family Law Act sets out specific factors a court must consider when deciding whether to grant exclusive possession. The most important is the best…
Read the full answer →In Ontario, all spousal support orders made by a court are automatically filed with the Family Responsibility Office (FRO) unless both parties opt out.…
Read the full answer →Two sets of Child Support Guidelines apply in Ontario depending on the legal relationship between the parents. The Federal Child Support Guidelines…
Read the full answer →Yes. Financial disclosure is mandatory in Ontario family law proceedings. Both spouses are legally required to provide complete and honest disclosure…
Read the full answer →Parents can include an agreed income figure in a separation agreement for child support calculation purposes, but there are important limits. A court…
Read the full answer →Yes. Both the Federal and Ontario Child Support Guidelines include a mandatory annual income disclosure obligation. Each parent is required to provide…
Read the full answer →Yes. Children of unmarried parents have the same right to support as children of married parents. In Ontario, the Ontario Child Support Guidelines…
Read the full answer →The length of a common-law relationship does not determine whether a parent owes child support. The obligation to support a child arises from…
Read the full answer →Yes, the vast majority of child support orders in Ontario are made on consent — meaning both parents agree on the amount and a judge makes the order…
Read the full answer →Courts in Ontario can attribute some or all of a corporation's retained earnings (or pre-tax income) as available income to a payor who controls that…
Read the full answer →Under the Federal Child Support Guidelines (for divorcing parents), a "child of the marriage" is a child under 18, or a child who is 18 or older and…
Read the full answer →Child support under the Child Support Guidelines is based on gross annual income, not net income after taxes. This is a common point of confusion,…
Read the full answer →Income earned abroad is generally included in the child support income calculation in Ontario, regardless of where it is earned or whether it is…
Read the full answer →Yes, both dividends and investment income are included in the income calculation under the Child Support Guidelines. The Guidelines define income…
Read the full answer →Under the Child Support Guidelines, the starting point for calculating a parent's income is their total income as stated on line 15000 of the federal…
Read the full answer →Yes, both overtime pay and one-time bonuses are generally included in annual income for child support purposes. The Guidelines use total annual income…
Read the full answer →Yes, rental income is included in a payor's income for child support purposes under the Child Support Guidelines. All sources of annual income that…
Read the full answer →When a payor fails to provide proper financial disclosure or appears to be hiding income, the court has tools to protect the child's interests. The…
Read the full answer →Having a new child can affect the amount of child support owed to a prior child, but it does not automatically reduce it. The payor must demonstrate…
Read the full answer →When a payor leaves Canada, the obligation to pay child support does not disappear — but enforcement becomes significantly more complex. Ontario can…
Read the full answer →Under the Federal Child Support Guidelines, the provincial table that applies is the table for the province where the payor parent ordinarily resides.…
Read the full answer →Yes, when a payor conceals an income increase, courts are more willing to award a significant retroactive amount going back to the date the increase…
Read the full answer →Schedule III of the Child Support Guidelines lists specific adjustments that are made to a parent's income before applying the support tables. These…
Read the full answer →Under the Child Support Guidelines, the special shared-custody calculation applies when a child spends at least 40 percent of the time with each…
Read the full answer →Child support and spousal support are two separate legal obligations with different rules, purposes, and calculations. Child support is governed by the…
Read the full answer →The Ontario child support tables are organized by annual income (in increments) and number of children. To use them, you need to know the payor's gross…
Read the full answer →No. Child support payments made under a court order or written agreement made after April 30, 1997, are neither deductible by the payor nor taxable to…
Read the full answer →Undue hardship is a limited exception built into the Child Support Guidelines that allows a court to order an amount different from the standard table…
Read the full answer →Voluntary payments made without a court order or written agreement may or may not receive credit if support is later formally established. Courts have…
Read the full answer →The base monthly child support amount from the Guidelines tables is designed to cover a child's ordinary, day-to-day expenses. These include food,…
Read the full answer →The Child Support Guidelines table amounts apply in the vast majority of cases, but several situations allow a court to depart from the standard table…
Read the full answer →RRSPs and TFSAs are assets included in net family property at their account balance on the valuation date. For RRSPs, the value included is typically…
Read the full answer →Under the federal Divorce Act, courts deciding a relocation application apply the best interests of the child test with a specific set of factors for…
Read the full answer →Yes. A valid marriage contract (sometimes called a prenuptial agreement) can modify many of the default equalization rules under the Family Law Act.…
Read the full answer →Divorce in Canada is governed by the federal Divorce Act, which applies uniformly across all provinces including Ontario. To get a divorce, at least…
Read the full answer →No — equalization and a 50/50 split of assets are very different, and confusing them is one of the most common misconceptions in family law. Ontario's…
Read the full answer →Equalization and spousal support are separate legal entitlements under Ontario family law, but they interact in practice. Equalization is a one-time…
Read the full answer →An inheritance received from someone other than your spouse during the marriage can be excluded from your net family property — meaning you keep the…
Read the full answer →Child support in Ontario is calculated using the Federal Child Support Guidelines, which apply to divorcing spouses under the Divorce Act, and the…
Read the full answer →If you and your spouse disagree about when you separated, a court will determine the date based on the evidence. Because the separation date affects…
Read the full answer →If one spouse ends the marriage with more debts than assets — a negative net family property — the Family Law Act requires that their NFP be treated as…
Read the full answer →Net family property is the value of everything you own on your valuation date (usually the date you separated) minus everything you owed on that date,…
Read the full answer →Ontario courts — and courts applying the federal Divorce Act — use a "best interests of the child" test to set parenting time. Judges look at a list of…
Read the full answer →Property division in Ontario on divorce is governed by the provincial Family Law Act, not the federal Divorce Act. Ontario uses an equalization model…
Read the full answer →Assets are valued at their fair market value on the valuation date — the price a willing buyer would pay a willing seller in an open market. For liquid…
Read the full answer →Ontario courts and lawyers use the Spousal Support Advisory Guidelines (SSAG) as a practical starting point. These are not binding law but are widely…
Read the full answer →The formula is: subtract one spouse's net family property from the other's, then divide by two. The spouse with the lower net family property receives…
Read the full answer →The timeline varies significantly depending on whether your divorce is uncontested or contested. For an uncontested divorce — where both spouses agree…
Read the full answer →The time to finalize a separation agreement in Ontario varies widely depending on how cooperative the parties are, how complex their finances are, and…
Read the full answer →The duration of spousal support depends on the length of the relationship, the ages of the spouses, the presence of children, and the recipient's…
Read the full answer →Under the federal Divorce Act, the standard ground for divorce in Canada is that the spouses have lived separate and apart for at least one year. This…
Read the full answer →For equalization purposes, the matrimonial home is valued at its fair market value on the valuation date, which is the date of separation. Fair market…
Read the full answer →The cost of an uncontested divorce in Ontario has two main components: court filing fees and any legal fees you pay. Court filing fees are set by the…
Read the full answer →In Ontario, spousal support is determined under the federal Divorce Act (for married spouses who divorce) and the provincial Family Law Act (for…
Read the full answer →To change a parenting time order in Ontario, you generally need to show that there has been a material change in circumstances since the original order…
Read the full answer →Uncontested divorce applications in Ontario are filed at the Ontario Superior Court of Justice. Ontario does not have a standalone "divorce court" —…
Read the full answer →An application for exclusive possession is made to the Ontario Superior Court of Justice or the Ontario Court of Justice (Family Court in unified…
Read the full answer →Generally yes. Under the Divorce Act and Ontario's Children's Law Reform Act, a parent who does not have decision-making responsibility is usually…
Read the full answer →To give your separation agreement the strongest chance of being enforced in Ontario, focus on four things: form, disclosure, understanding, and…
Read the full answer →To succeed on a spousal support claim, you need to show entitlement, need (or economic disadvantage), and the payor's ability to pay. The evidence…
Read the full answer →In an Ontario divorce application, proving the one-year separation period is primarily done through a sworn affidavit — a written statement you sign…
Read the full answer →In Ontario, separation alone does not automatically revoke a will or remove a separated spouse as a beneficiary. This means that if you die while…
Read the full answer →Yes — Ontario courts have the authority to impute income to either spouse when calculating spousal support. Imputing income means treating a party as…
Read the full answer →When a court imputes income, it attributes a level of earnings to a parent that is higher than what they actually reported or received. The court does…
Read the full answer →Yes. In Ontario you can request interim spousal support — a temporary order that takes effect while your case is pending. Interim support is meant to…
Read the full answer →International relocation with a child is among the most serious and complex situations in family law. Moving to another country without your…
Read the full answer →Yes, a cottage or secondary property can be a matrimonial home in Ontario if both spouses ordinarily occupied it as a family residence on the date of…
Read the full answer →Yes, a properly executed separation agreement is legally binding in Ontario. Under the Family Law Act, a domestic contract — including a separation…
Read the full answer →The tax treatment of spousal support in Canada depends on how it is paid. Periodic support payments — monthly or regular instalments — paid under a…
Read the full answer →Generally, an equalization payment itself is not taxable income for the recipient and is not tax-deductible for the payer. This is one of the important…
Read the full answer →Yes — the matrimonial home has special status under Ontario's Family Law Act. When you calculate your net family property, you normally subtract the…
Read the full answer →Joint decision-making is meant to encourage cooperation, but it can break down when one parent deliberately delays, ignores communications, or refuses…
Read the full answer →A joint divorce application is filed by both spouses together as co-applicants, rather than one spouse suing the other. It is the cleanest form of…
Read the full answer →Joint decision-making responsibility means both parents share authority over major decisions affecting the child — schooling, healthcare, religion, and…
Read the full answer →No. Voluntarily leaving the matrimonial home during separation does not cause you to forfeit your ownership interest in the property or your…
Read the full answer →Yes. Life insurance is an important but often overlooked element of a well-drafted separation agreement, particularly when there are ongoing support…
Read the full answer →Long-distance parenting arrangements require a different structure than local ones because frequent short exchanges are not practical. Courts and…
Read the full answer →A long marriage — often described as 20 or more years — significantly increases both the likelihood of a support award and its duration. After a very…
Read the full answer →Yes, spousal support can be structured as a lump-sum payment instead of ongoing periodic payments, and this is sometimes negotiated in settlement. A…
Read the full answer →Yes. A marriage contract is one of the most effective tools for protecting a business from equalization claims if a marriage ends. Under the Family Law…
Read the full answer →A marriage contract can specify that debts incurred by one spouse are that spouse's sole responsibility and will not be shared in any equalization…
Read the full answer →Yes, and this is one of the most common reasons Ontario families seek marriage contracts. Under the Family Law Act, gifts and inheritances received by…
Read the full answer →Yes. Ontario's Family Law Act allows married or intending-to-be-married spouses to enter into a marriage contract that deals with ownership and…
Read the full answer →Not entirely. The Family Law Act contains special protections for the matrimonial home that limit what a marriage contract can do. While parties can…
Read the full answer →A marriage contract in Ontario is a domestic contract made under the Family Law Act by two people who are married or who intend to marry. It covers…
Read the full answer →No, it is not too late. Ontario's Family Law Act permits spouses to enter into a domestic contract at any time — before marriage, on the day of…
Read the full answer →When a married spouse dies in Ontario, the surviving spouse has an election: they can either take what they are entitled to under the deceased's will…
Read the full answer →When the matrimonial home is held in both spouses' names, both parties are legal owners. This joint ownership does not automatically resolve the…
Read the full answer →Running a business from a home does not automatically remove its matrimonial home status. As long as the couple ordinarily occupied the property as…
Read the full answer →The Family Law Act's matrimonial home protections apply to the property as ordinarily occupied by the spouses. In most residential cases, the entire…
Read the full answer →Ontario's equalization system divides the growth in each spouse's net family property during the marriage. For most assets, a spouse can deduct the…
Read the full answer →Not automatically. The Family Law Act requires that a property have been "ordinarily occupied" by the spouses as their family residence on the date of…
Read the full answer →Your spouse is partially correct but only in a specific way. In equalization, assets are included at their net value — meaning the outstanding mortgage…
Read the full answer →Possibly. Ontario's Family Law Act does not require the entire property to be used as a family residence. If the couple ordinarily occupied part of the…
Read the full answer →Yes. The Family Law Act gives both spouses an equal right to possession of the matrimonial home regardless of who owns it, and this right continues…
Read the full answer →Mediation and legal representation serve different functions and are not mutually exclusive. Understanding the difference helps you choose the right…
Read the full answer →When both spouses earn comparable incomes and neither suffered significant career disadvantage from the marriage, courts often find that neither party…
Read the full answer →The Office of the Children's Lawyer (OCL) is an Ontario government office that provides legal services to children in certain family law proceedings.…
Read the full answer →Yes. Ontario's court system expanded significantly in its use of remote and online tools for family law matters in recent years. Many family court…
Read the full answer →Online divorce services and form-preparation kits exist and are used by some Ontarians for straightforward uncontested divorces. They can be a…
Read the full answer →Yes, parents can opt out of FRO monitoring if both agree in writing. To withdraw from FRO involvement, both the payor and recipient must sign a written…
Read the full answer →A parenting coordinator is a neutral professional — often a social worker, psychologist, or lawyer — who helps high-conflict families implement and…
Read the full answer →A standard Ontario parenting order does not include automatic police enforcement — police will not show up to enforce a schedule the way they enforce,…
Read the full answer →A separation agreement in Ontario should include a parenting plan that sets out how each parent will be involved in the children's lives after…
Read the full answer →When an uncontested divorce involves children under 19, you must provide the court with information about parenting arrangements as part of your…
Read the full answer →A parenting plan is a written agreement between parents that sets out how they will share time and responsibilities for their children after…
Read the full answer →A Children's Aid Society (CAS) investigation can significantly affect parenting time, at least temporarily. If CAS receives a report of concern about a…
Read the full answer →A child refusing to attend parenting time is one of the most difficult and emotionally charged situations in family law. The right response depends…
Read the full answer →In Ontario, denying parenting time without a valid reason is taken seriously by courts and can have legal consequences for the parent who is…
Read the full answer →Yes, significantly. Under the federal Divorce Act, family violence is a mandatory consideration in the best interests analysis. Courts must assess the…
Read the full answer →Holiday and summer schedules are almost always addressed separately from the regular parenting time schedule, because the stakes — long weekends,…
Read the full answer →Mental health is a factor courts consider when assessing a child's safety and wellbeing in the care of a parent, but a diagnosis alone does not…
Read the full answer →During your parenting time, decisions about who the child interacts with are generally yours to make. Introducing the child to a new partner, when done…
Read the full answer →Ontario family courts do not mandate any particular parenting schedule, and the right arrangement depends on the children's ages, both parents' work…
Read the full answer →Substance use by a parent is a serious concern in parenting proceedings because it directly affects the safety and wellbeing of a child in that…
Read the full answer →Yes. Taking a child out of Canada typically requires either written consent from all parents with parenting rights or a court order authorizing the…
Read the full answer →Yes. In Ontario, pension benefits earned during the marriage are included in the net family property calculation and are subject to equalization. This…
Read the full answer →Yes, and it is a good idea to do so. Ontario family courts strongly encourage parenting plans to address international travel because disputes about…
Read the full answer →Yes. Ontario's legal system has several tools for protecting individuals from a spouse or partner during separation. Under the Family Law Act, you can…
Read the full answer →Yes, one of the most common ways to resolve the matrimonial home is for one spouse to buy out the other. This involves determining the current market…
Read the full answer →Yes, but the bar is meaningful. A separation agreement that includes a geographic restriction on relocation — preventing you from moving beyond a…
Read the full answer →The federal Divorce Act applies only to married spouses who are divorcing. If you and your co-parent were never married, the Divorce Act relocation…
Read the full answer →A separation agreement can include a relocation clause that sets out what happens if one parent wants to move — for example, requiring notice within a…
Read the full answer →Wanting to relocate to be near your family — parents, siblings, a support network — is a common and sympathetic reason to move. Courts recognize that a…
Read the full answer →If there is no existing parenting order or separation agreement and a parent moves away with a child, the other parent can apply urgently to the…
Read the full answer →Under the federal Divorce Act, a parent who intends to relocate must give written notice to anyone else with parenting time or contact at least 60 days…
Read the full answer →A new job offer is a legitimate reason to want to relocate, but it does not guarantee a court will allow you to bring your child. Courts applying the…
Read the full answer →A move within the same city generally does not trigger the formal relocation rules under the Divorce Act because it is unlikely to have a "significant…
Read the full answer →Yes, retroactive child support is possible in Ontario. Courts have authority to award support going back to a date before the application was filed —…
Read the full answer →Yes, courts in Ontario have the power to order retroactive spousal support — an amount for a period before you filed your formal application. However,…
Read the full answer →A right of first refusal is a clause in a parenting order or agreement that requires one parent to offer the other parent the opportunity to look after…
Read the full answer →Yes. Under Ontario's Family Law Act, the right to possession of the matrimonial home belongs to both spouses equally, regardless of who holds legal…
Read the full answer →Yes. One of the four objectives of spousal support under the Divorce Act is to encourage economic self-sufficiency. Courts expect support recipients to…
Read the full answer →Having a separation agreement in place before you file for divorce is generally a smart approach, though it is not legally required. A separation…
Read the full answer →Both are domestic contracts under Ontario's Family Law Act, but they are used at different stages and for different purposes. A cohabitation agreement…
Read the full answer →Separation affects several government benefits and tax credits because many of them are calculated based on family income, marital status, or the…
Read the full answer →For a sole divorce application, you are required to personally serve your spouse with the court documents after they are filed. Personal service means…
Read the full answer →Yes. When each parent has the child at least 40 percent of the time (the threshold for "shared custody" under the Guidelines), the standard table…
Read the full answer →Entitlement to spousal support after a short marriage is possible but harder to establish. Courts and the Spousal Support Advisory Guidelines (SSAG)…
Read the full answer →Children should generally be informed about the arrangements that directly affect them — such as where they will live and when they will see each…
Read the full answer →A joint divorce application is signed by both spouses together at the outset. Both are co-applicants, both provide sworn affidavits, and no formal…
Read the full answer →Split custody occurs when parents have more than one child and each parent has primary care of at least one child — for example, one teenager lives…
Read the full answer →Reconciliation and a subsequent second separation are significant facts in a support claim. If spouses reconcile after a first separation and then…
Read the full answer →Yes, being the primary caregiver for children after separation affects both the amount and duration of spousal support. The Spousal Support Advisory…
Read the full answer →If the spouse receiving support begins cohabiting with a new partner, the payor can apply to vary or terminate support. A new cohabiting relationship…
Read the full answer →In Ontario, spousal support is generally determined on a no-fault basis. Marital misconduct — including adultery — typically does not affect…
Read the full answer →Under Ontario's Family Law Act, a common-law partner can claim spousal support only if the couple cohabited continuously for at least three years, or…
Read the full answer →Leaving paid employment or reducing your career to raise children is one of the strongest grounds for spousal support entitlement. Courts treat this as…
Read the full answer →A fixed-term (time-limited) spousal support order specifies an end date. It tells the recipient that support will be paid for a set period — say, three…
Read the full answer →A disability that prevents you from working is a significant factor in spousal support entitlement and duration. Courts cannot expect a disabled…
Read the full answer →Yes. Under the Family Law Act, the three-year cohabitation requirement is waived if you and your partner are in a relationship of some permanence and…
Read the full answer →Giving up educational opportunities because of the marriage is one of the recognized bases for compensatory spousal support. If you left school, put a…
Read the full answer →The Spousal Support Advisory Guidelines (SSAG) are designed for typical income ranges, and above a certain income level they become less useful because…
Read the full answer →The length of the marriage is a factor in spousal support, but it is not the only one. If a relatively short marriage caused significant, documentable…
Read the full answer →In an uncontested divorce, spousal support is typically addressed one of two ways: through a separation agreement that either sets support terms or…
Read the full answer →For most couples, reaching a spousal support agreement through mediation or negotiation is faster, cheaper, and less stressful than going to court.…
Read the full answer →Yes, it is possible to owe both child support and spousal support simultaneously. These are separate legal obligations and one does not eliminate the…
Read the full answer →Age is a significant factor in both entitlement and duration. If the recipient spouse is in their late 50s or older at the time of separation, courts…
Read the full answer →A prenuptial agreement (called a "marriage contract" in Ontario) can address spousal support, and courts generally respect those provisions. However, a…
Read the full answer →Child support and spousal support are two separate legal obligations in Ontario family law, though they can both arise from the same separation. Child…
Read the full answer →When both spouses retire, the financial landscape that underpinned the original support order may change significantly, giving either party grounds to…
Read the full answer →Yes, an inherited property can become a matrimonial home if the couple ordinarily occupied it as their family residence on the date of separation. The…
Read the full answer →Changing the locks to exclude a spouse from the matrimonial home is not permitted under Ontario law without a court order. Both spouses have equal…
Read the full answer →Generally, no. The Family Law Act requires the written consent of both spouses before any interest in the matrimonial home can be disposed of or…
Read the full answer →An inheritance received by a support payor could be relevant to a variation application if it substantially increases their income or financial…
Read the full answer →An exclusive possession order is enforceable as a court order. If your spouse refuses to comply, you have legal options. A court order for exclusive…
Read the full answer →Yes, under Ontario's Family Law Act and the federal Divorce Act, a stepparent can be ordered to pay child support if they stood in the place of a…
Read the full answer →A court can order that parenting time be supervised when there are concerns about a child's safety or well-being in the care of a parent. Common…
Read the full answer →A serious illness that prevents the paying spouse from working can constitute a material change in circumstances, allowing them to apply to reduce or…
Read the full answer →Yes. Tax consequences can significantly affect the real value of what each spouse receives in a separation, and they should be addressed before the…
Read the full answer →In Ontario family law, spousal support can be ordered at different stages of a proceeding and for different durations. Temporary support (also called…
Read the full answer →An uncontested divorce in Ontario is one where both spouses agree that the marriage is over and there are no outstanding disputes about property,…
Read the full answer →An uncontested divorce in Ontario generally follows these key steps. First, ensure you have been separated for at least one year. Second, gather your…
Read the full answer →Yes, but property issues must be resolved before or alongside the uncontested divorce — they cannot be left open. An uncontested divorce means there is…
Read the full answer →Child support is the area most affected by income changes, and it is also the area where an update may be legally required even without both parties…
Read the full answer →On top of the monthly base amount, the Child Support Guidelines provide for "special or extraordinary expenses" — often called "section 7 expenses" —…
Read the full answer →The Family Law Act lists specific categories of property that a spouse may exclude from their net family property. These include: gifts or inheritances…
Read the full answer →When calculating net family property, a spouse subtracts all debts and liabilities owed on the valuation date. This includes mortgages, car loans,…
Read the full answer →Major decisions covered by decision-making responsibility typically include: choice of school and school type (public, private, French immersion,…
Read the full answer →To begin a divorce in Ontario, you file with the Ontario Superior Court of Justice. The main document is the Application for Divorce — either a joint…
Read the full answer →In Ontario, "separation" does not require any formal court filing or government registration. A married couple is considered separated from the date…
Read the full answer →Ontario courts weigh a broad set of factors when deciding whether to award support and how much. Under the Divorce Act, the court must consider the…
Read the full answer →Full financial disclosure is a fundamental requirement for a valid and enforceable separation agreement in Ontario. The general principle is that each…
Read the full answer →A parenting order made by an Ontario court is legally binding. If your co-parent is consistently refusing to let you see your child as ordered, you…
Read the full answer →If the parent who holds sole decision-making responsibility dies, the surviving parent does not automatically resume full parental authority in all…
Read the full answer →If your ex-spouse is not complying with a separation agreement in Ontario, your first step is to file the agreement with the court, if you have not…
Read the full answer →If your spouse refuses to negotiate or sign a separation agreement, you cannot force them to do so — agreements are voluntary contracts. However, their…
Read the full answer →When married spouses in Ontario separate, joint bank accounts are part of the net family property calculation. The balance in a joint account as of the…
Read the full answer →Divorce does not automatically transfer ownership of the matrimonial home. Ownership and possession are separate questions from equalization. On…
Read the full answer →When parents share joint decision-making and cannot agree on a major decision, the matter must be resolved — neither parent can simply proceed…
Read the full answer →Spousal support obligations generally terminate on the death of the recipient. Because the purpose of support is to meet the recipient's personal…
Read the full answer →If one or both spouses own a business, the business interest is an asset that must be valued as of the valuation date and included in that spouse's net…
Read the full answer →When a divorce involves children under 19, the court must be satisfied that reasonable arrangements have been made for each child's financial support…
Read the full answer →Under Ontario's family property equalization system, debts reduce a spouse's net family property — meaning debts are factored into who owes whom the…
Read the full answer →The matrimonial home has special protection under Ontario's Family Law Act. Unlike other property, both spouses have an equal right to possession of…
Read the full answer →Pensions are property under the Family Law Act and must be included in net family property. The portion of a pension that accrued during the marriage…
Read the full answer →Property you owned when you got married is deducted from your net family property — you subtract its value (at the date of marriage) from your assets…
Read the full answer →In Ontario, RRSP balances are included in the net family property calculation for married spouses. The value of each spouse's RRSP on the date of…
Read the full answer →Remarriage by the support recipient is a material change in circumstances that can justify reducing or terminating spousal support, but it does not…
Read the full answer →You must provide proof of your marriage when filing for divorce in Ontario — the court will not process the application without it. If you have…
Read the full answer →If you give the required notice of relocation and your co-parent objects, they must file a court application within 30 days of receiving your notice.…
Read the full answer →Inability to pay the equalization amount in a lump sum does not eliminate the obligation, but courts have tools to accommodate financial hardship.…
Read the full answer →If you suspect your spouse is hiding assets or undervaluing property in the equalization process, Ontario family law courts have strong tools to…
Read the full answer →If your spouse refuses to leave the matrimonial home after separation, your first option is to try to reach a voluntary arrangement — sometimes…
Read the full answer →The Divorce Act has a built-in allowance for reconciliation attempts. If you and your spouse resume cohabitation within the one-year separation period…
Read the full answer →Under the Child Support Guidelines, "income" means your total annual income as set out in your federal income tax return, with adjustments. This…
Read the full answer →A cohabitation agreement is a written contract between two people who are living together (or plan to live together) outside of marriage. In Ontario,…
Read the full answer →A marriage contract — sometimes called a prenuptial agreement (before marriage) or postnuptial agreement (after marriage) — is a domestic contract…
Read the full answer →Under Ontario's Family Law Act, a matrimonial home is any property that a married couple ordinarily occupied as their family residence on the date they…
Read the full answer →A separation agreement is a written contract between two spouses (or former common-law partners) that sets out the terms of their separation. In…
Read the full answer →An equalization payment is a lump-sum or structured payment made by one spouse to the other at the end of a marriage to balance the economic gains each…
Read the full answer →An uncontested divorce is one where both spouses agree on all the issues related to the end of their marriage — parenting arrangements, child support,…
Read the full answer →A Certificate of Divorce is an official document issued by the Ontario Superior Court of Justice that confirms your divorce is final and legally…
Read the full answer →Child support in Ontario is calculated using the federal Child Support Guidelines, which apply to all cases involving children of separating or…
Read the full answer →Collaborative divorce is a structured dispute resolution process in which both spouses and their lawyers commit in writing to resolving all issues…
Read the full answer →Ontario law recognizes two main bases for entitlement to spousal support: compensatory and non-compensatory (needs-based). Compensatory support…
Read the full answer →"Decision-making responsibility" is the term used in the federal Divorce Act for what used to be called "legal custody." It refers to the authority to…
Read the full answer →A "desk divorce" is the informal term Ontarians use for an uncontested divorce that is processed by a judge reviewing the written materials — without…
Read the full answer →A 50/50 or "equal parenting time" arrangement means the child spends roughly half their time with each parent. Common schedules include alternating…
Read the full answer →An exclusive possession order is a court order that gives one spouse the right to live in the matrimonial home to the exclusion of the other, even if…
Read the full answer →Family mediation is a process where a neutral, trained third party (the mediator) helps you and your spouse work through disagreements about parenting,…
Read the full answer →Full and frank financial disclosure is a cornerstone of equalization proceedings in Ontario. Both spouses must complete a sworn financial statement…
Read the full answer →Under the federal Divorce Act, which applies throughout Canada including Ontario, a divorce can only be granted on the basis of marriage breakdown. The…
Read the full answer →A "material change in circumstances" is the legal threshold that must be met before a court will reconsider an existing parenting order. The change…
Read the full answer →Net family property (NFP) is a concept under Ontario's Family Law Act that is central to how married spouses divide their assets when they separate.…
Read the full answer →Parallel parenting is a co-parenting model designed for high-conflict situations where direct communication between parents is not safe or productive.…
Read the full answer →"Parenting time" is the term used in the federal Divorce Act to describe the time a child spends with each parent after separation. It replaced the…
Read the full answer →When a marriage ends in Ontario, spouses do not automatically split everything down the middle. Instead, the law uses a process called property…
Read the full answer →Under the Divorce Act, a parent who gives notice of a proposed relocation must include a proposed parenting plan as part of that notice. Courts and the…
Read the full answer →Under the federal Divorce Act, "relocation" has a specific legal meaning: it is a change in residence by a child or a parent that would be likely to…
Read the full answer →No. Ontario does not issue "legal separation" certificates or orders. Separation is a factual state — it occurs when you and your spouse decide to live…
Read the full answer →Spousal support is not automatic in every divorce. Under the Divorce Act, a court will order spousal support only if there is entitlement — meaning the…
Read the full answer →Spousal support is a payment from one spouse to the other after separation or divorce. Its purpose is to address financial disadvantage caused by the…
Read the full answer →No — equalization and child support are completely different obligations. Equalization is a property entitlement between spouses: it divides the…
Read the full answer →If both spouses calculate identical net family property figures, the equalization payment is zero. The formula — pay half the difference — produces…
Read the full answer →Yes. A court application to receive an equalization payment must be started within two years of the date a divorce order is made, within six years of…
Read the full answer →Yes. Ontario imposes strict deadlines for equalization claims. Under the Family Law Act, a court application for equalization must be started within…
Read the full answer →In most cases, yes. The Divorce Act requires that you and your spouse have been separated for at least one year before a judge will grant a divorce…
Read the full answer →Under the Family Law Act, the valuation date is generally the earliest of: the date the spouses separated with no reasonable prospect of resuming…
Read the full answer →The valuation date is the date used to calculate each spouse's net family property for the equalization process. Under the Family Law Act, the…
Read the full answer →Net family property includes virtually every type of asset a spouse owns at the valuation date: real estate (including the matrimonial home and…
Read the full answer →Once you are separated in Ontario, a number of legal rights and obligations come into effect immediately. The key areas are property, spousal support,…
Read the full answer →A well-drafted separation agreement in Ontario should address all the major issues arising from the separation so that both parties have a clear,…
Read the full answer →Entitlement to spousal support can arise at separation, not only upon divorce. Under the Family Law Act, a married or qualifying common-law spouse can…
Read the full answer →There is no single fixed deadline for paying equalization — it depends on how the matter is resolved. If spouses negotiate a separation agreement, they…
Read the full answer →If you are a married couple and the home is the matrimonial home, both of you have an equal right to live there after separation, regardless of who…
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