Do I have to share my financial information with my spouse during a divorce?
Yes. Financial disclosure is mandatory in Ontario family law proceedings. Both spouses are legally required to provide complete and honest disclosure of their financial situation — income, assets, debts, pensions, and property. This obligation exists whether your matter is in court or being negotiated out of court as part of a separation agreement.
In court proceedings, disclosure is typically made using standardized forms — most commonly Form 13.1 (Financial Statement for property and support claims) or Form 13 (for support claims only). These forms require detailed information about income from all sources, monthly expenses, assets, and liabilities. Both parties must swear or affirm that the financial statement is accurate.
Even if you are negotiating a private separation agreement, courts have struck down agreements where one spouse failed to make honest financial disclosure. The person who was not fully informed can apply to set aside the agreement on the basis that they did not know what they were agreeing to.
Full disclosure cuts both ways — you are entitled to ask your spouse for the same financial information, and if they fail to produce it, there are court mechanisms (motions to produce documents, questioning under oath) to compel it.
Key takeaways
- Financial disclosure is mandatory in all Ontario family law proceedings, including negotiated separation agreements.
- Court proceedings use standardized financial statement forms (Form 13 or 13.1).
- Failure to disclose can result in a court setting aside a separation agreement.
- You have the right to compel your spouse's financial information if they refuse to provide it.