Can a marriage contract protect me from my spouse's gambling debts in Ontario?

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 calculation. For equalization purposes, this means the debts would not reduce the other spouse's net family property entitlement at separation.

However, this is a protection between the two spouses — it does not bind creditors. If your spouse's gambling debts are in their name alone, creditors generally cannot pursue you for those debts simply because you are married. But if the gambling was financed through a joint credit line, a joint credit card, or by drawing on joint assets, you may have liability to the lender regardless of any private agreement between you and your spouse.

A marriage contract that addresses debt allocation is therefore most useful as a tool for the equalization calculation (ensuring that one spouse's reckless debts do not reduce the other's equalization payment) rather than as a shield against creditors who already have a claim against both parties. If your spouse has significant ongoing financial issues, speaking with both a family lawyer and a credit lawyer about your options — including how to separate your finances — is advisable before the situation worsens.