Separation Checklist for Ontario Couples: Documents to Gather

Separating is stressful, and the paperwork can feel like one more weight. Collecting your documents early gives you a clear picture of where you stand, whether you plan to negotiate an agreement or end up in court.

This page lists the financial and personal records worth gathering in Ontario and explains why complete financial information matters. It is general information, not advice for your situation.

Why financial disclosure matters

When married spouses separate, the spouse with the smaller net family property is entitled to one-half of the difference between the two net family properties. Net family property is the value of what a spouse owns on the valuation date, minus that spouse's debts and other liabilities. You cannot work out that number, or check your spouse's, without records of both assets and debts.

Disclosure also matters once you have an agreement. A court may set aside a separation agreement or other domestic contract if a party failed to disclose significant assets, debts or other liabilities. Being open and organized helps you spot anything missing from the other side.

In general, the valuation date is the earliest of several dates set out in the Family Law Act, and the first of those is the date you separate with no reasonable prospect of living together again. Property you owned at separation is valued as of that day, and property owned on the wedding day is valued as of the date of marriage. Collect records that show values on both dates.

Financial documents to collect

• Income tax returns and notices of assessment for recent years, plus recent pay stubs or business financial statements
• Bank, savings and investment account statements, including statements close to your separation date
• Pension, RRSP and other retirement account statements
• Mortgage statements, property tax bills and a recent valuation or appraisal of any real estate
• Vehicle ownership papers and loan statements
• Credit card statements, lines of credit and loan agreements, showing balances at separation
• Records of what you owned and owed on the wedding day, such as old statements
• Records of any gift or inheritance you received, and any personal-injury settlement
• Any prenuptial, cohabitation or other domestic contract

Debts at separation, such as credit cards, car loans and the remaining mortgage, reduce a spouse's net family property. Debts at marriage are generally subtracted from property owned at marriage, except debts tied to the family home, such as a mortgage.

Gifts and inheritances received from a third person during the marriage, personal-injury damages, and property excluded by a domestic contract are not included in net family property, but this exclusion does not apply to a matrimonial home. The full value of the family home is generally shared even if one spouse owned it before the marriage or received it as a gift or inheritance, unless the spouses agree otherwise. Keep proof of where each asset came from.

Housing, debt and personal records

Whose name is on an account or lease can matter. Co-borrowers on a joint credit card are equally responsible for the whole balance, and co-signing a loan makes you equally responsible for repaying it. An additional cardholder is not responsible for repaying the balance. Gather the credit agreements so you know which applies to you.

If you rent, bring the lease. Tenants who share a single tenancy agreement are jointly and severally liable for the entire rent, so a landlord can pursue any one of them for the full amount. If you own, bring the title documents and mortgage papers. If you are married, neither spouse may sell or mortgage an interest in a matrimonial home unless the other spouse joins in or consents, a court order authorizes it, or another exception applies. Those matrimonial home rules apply to married people, so if you are not married, it is worth speaking with a lawyer about your rights and options regarding the home. What your mortgage contract says about refinancing or releasing a co-borrower depends on the lender.

Dates, benefits and insurance to review

Write down the day you started living apart and keep proof of it. The CRA's effective date of separated status is the day you started living apart, and it says to report a separation only after you have been separated for more than 90 days because of a breakdown in the relationship. You can report a marital status change through your CRA account, by phone at 1-800-959-8281, or by mailing Form RC65, Marital Status Change, and any benefit adjustment starts the month after the status changed. How the reporting timing applies depends on your situation, so it is worth confirming with a lawyer.

Ontario law does not automatically freeze or cancel an ex-spouse's life insurance beneficiary designation on separation. If a beneficiary was designated irrevocably, the insured cannot change it without that beneficiary's consent while the beneficiary is living. Gather the policies so you can review who is named.

Wills also matter. Since January 1, 2022, gifts to a spouse in a will and the spouse's appointment as executor are revoked if the spouses were separated at the testator's death, as the law defines it. Ask a lawyer how this applies to you.

What to do next

• Make copies, digital where possible, and keep them somewhere your spouse cannot access
• Write a short timeline of the wedding, separation and key purchases or debts
• Do not move, hide or run down assets; a court can restrain depletion of property in some cases
• Note any deadlines: an equalization application cannot be brought after the earliest of two years after the day the marriage ends by divorce or judgment of nullity, six years after the day you separate with no reasonable prospect of resuming cohabitation, or six months after the first spouse's death, although a court may extend a Family Law Act time limit on motion if there are apparent grounds for relief, the delay was in good faith, and no one will suffer substantial prejudice
• Contact a Family Law Information Centre for free information and referrals
• Speak with a lawyer before signing anything

Once a family court case is started, each party must attend a Mandatory Information Program session no later than 45 days after the case is started, unless an exception applies. If you are not married, property rules differ: common-law partners are not legally required to split property acquired while living together, and items generally belong to whoever bought them, but a partner who contributed to the other's property may need to go to court to recover that contribution. A lawyer can confirm how this applies to you.

Frequently asked questions