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Stock Options, Crypto and Digital Assets in Ontario Equalization

See how crypto, stock options and investments are counted, valued and disclosed when Ontario spouses separate and equalize net family property.

Family Law4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 1, 2026
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Key takeaways
  • Property is defined broadly enough to capture assets such as unvested stock options, investments and crypto-assets.
  • Values are fixed as of close of business on the valuation date, and the spouse claiming a deduction or exclusion must prove it.
  • A party making a property claim must serve a financial statement in Form 13.1 and keep their disclosure correct.

If you or your spouse hold cryptocurrency, stock options or an investment account, you may wonder whether they count when you separate, what they are worth, and how they must be revealed. These assets are common, but they raise real questions about timing and value.

This article explains how married spouses in Ontario treat these assets in equalization, and why valuation usually depends on the facts of each case.

These assets count as property

Net family property starts with the value of all property a spouse owns on the valuation date, less excluded property, debts and the net value of property owned on the date of marriage. Property is defined broadly as any interest, present or future, vested or contingent, in real or personal property. That wording can capture unvested stock options, investments and crypto-assets.

Pension rights are treated specially. For pensions, property includes the imputed value, for family law purposes, of the spouse's interest in the plan for the period from the date of marriage to the valuation date.

The date that matters

The valuation date is the earliest of several dates, including separation with no reasonable prospect of resuming cohabitation, the date a divorce is granted, and the day before a spouse dies. Values are calculated as of close of business on the valuation date or the date of marriage.

This matters for volatile assets. A coin or share price can move a great deal in a short time, so the price on the valuation date, not today's price, is the starting point. Only growth in value during the marriage is shared, because a spouse deducts the net value of property owned on the date of marriage. Anyone claiming that deduction or an exclusion has to prove it. For crypto, that means keeping records of when it was bought and what it was worth.

What may be excluded, and what reduces the total

How these assets are valued and disclosed

The Family Law Act does not set out a special valuation method for crypto-assets or stock options. How they are valued, including whether to account for tax on a sale and how to treat options that have not vested, comes from court decisions and expert evidence, and it varies from case to case. Expect that a valuator may be needed for complex holdings, and that the two spouses may disagree about the figure.

Disclosure is where many disputes start. A party making a property claim must serve and file a financial statement in Form 13.1. For a Part I Family Law Act property claim, listed documents must be served no later than 30 days after the financial statement is due, including the statement issued closest to the valuation date for each account at a financial institution. Before a settlement conference or trial, each party must also serve and file a net family property statement in Form 13B. A party must correct or update served documents once they find them to be incorrect.

AssetWhy it may countWhat to gather
Crypto-assetsWithin the broad definition of propertyExchange and wallet records showing balances on the valuation date and the date of marriage
Stock optionsContingent or future interests are includedOption agreements, vesting schedules and grant dates
Investment accountsProperty owned on the valuation dateStatements closest to the valuation date
PensionsImputed value from marriage to valuation datePlan statements and any valuation reports

What to do next

An accountant and a lawyer can confirm how tax and timing affect the value in your case.

Frequently asked questions

Does cryptocurrency count in an Ontario divorce?

Property is defined as any interest, present or future, vested or contingent, in real or personal property. That wording can capture crypto-assets. How it is valued depends on the case and the evidence.

Are unvested stock options included?

They can be, because the definition of property covers contingent interests and can capture unvested stock options. How they are valued is decided case by case, often with expert evidence, so a lawyer can confirm your situation.

What if my spouse hides digital assets?

Each party making a property claim must serve a financial statement in Form 13.1 and the required documents. A party must also correct documents they find to be incorrect. A lawyer can advise on options if you think something is missing.

Is a crypto purchase before marriage shared?

Generally only growth during the marriage is shared, because the net value of property owned on the date of marriage is deducted. The spouse claiming the deduction has to prove it.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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