Can My Spouse Empty Our Bank Accounts When We Separate in Ontario?

What each of you can do with joint accounts and credit depends on how they are set up and on your circumstances, so it is worth getting advice early. For married spouses, each spouse's net family property is worked out from property owned on the separation date, minus debts and excluded property, minus net property owned on the date of marriage (not counting the family home), and the spouse with the larger figure pays half the difference as an equalization payment.

Common-law partners are different. They have no legal duty to split property acquired while living together, and property generally belongs to the partner who bought it, though a partner who contributed to the other's property may have to go to court to recover that contribution. For married spouses, a court can divide property unequally only in very special situations where an equal split would be extremely unfair.

To protect yourself, gather recent statements for every account and card, and note balances. Getting into your spouse's email or social media accounts fraudulently and without colour of right is an offence, so do not use their accounts to look for records. How this applies to your accounts depends on your situation, so it is worth confirming with a lawyer.