Can a marriage contract protect an inheritance I receive during the marriage in Ontario?

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 one spouse during the marriage are already excluded from net family property for equalization purposes — but only if the funds can be traced and have been kept separate. If inherited money is deposited into a joint account, used to renovate a shared home, or otherwise commingled with family finances, the exclusion can be lost.

A marriage contract can reinforce these protections by explicitly stating that any inheritance received by either spouse (past or future) remains that spouse's sole property and is excluded from equalization, regardless of how the funds may later be used. This removes the tracing requirement and makes the exclusion clearer if the marriage ends.

The agreement should be specific: name existing inheritances already received, describe anticipated inheritances if relevant, and address how income earned on inherited assets will be treated. Note that there is one category the Family Law Act does not allow you to exclude under any circumstances: the matrimonial home. Even if a home was purchased entirely with inherited funds, its full value enters equalization unless specific contractual provisions are in place — and those provisions must be carefully drafted.