Can a Court Order an Unequal Equalization Payment in Ontario?

Yes, but only in limited cases. A court may award more or less than half the difference between the net family properties only if equalizing would be unconscionable, having regard to the factors listed in s. 5(6) of the Family Law Act. The Ontario government describes this as available only in very special situations, where an equal split would be extremely unfair to one spouse.

The listed factors include a failure to disclose debts existing at the date of marriage, debts incurred recklessly or in bad faith, and intentional or reckless depletion of net family property. They also include an amount disproportionately large for a period of cohabitation of less than five years, and one spouse having incurred a disproportionately larger share of debts for the support of the family. A further factor covers any other circumstance relating to the acquisition, disposition, preservation, maintenance or improvement of property.

The test is not simply whether the result feels unfair; it is whether equalizing would be unconscionable. Because the bar is high and every case turns on its own facts, a lawyer can tell you how the factors may apply to you.