What does the Family Law Act cover in Ontario?

The Family Law Act is Ontario's law on how married spouses share property when a marriage ends or a spouse dies, while the Divorce Act is the federal law that deals with divorce. For property, each spouse works out net family property, and the spouse with the larger amount pays half the difference as the equalization payment. The full value of the family home must be shared even if it was owned before marriage, although a court can divide it differently only in very special situations where an equal split would be extremely unfair.

Gifts or inheritances (other than the family home), life insurance proceeds received because someone died, and personal injury money are not shared. Common-law partners are not legally required to split property acquired while living together, and Ontario's guidance does not give them the same right to seek exclusive possession of the home. A court claim for equalization must be started within six years of separation or two years after the divorce is final, whichever comes first.

Parenting and support can be heard in the Superior Court of Justice or the Ontario Court of Justice, but only the Superior Court of Justice hears divorce and property claims.