- Equalization measures the growth in each spouse's net worth between the date of marriage and the date of separation.
- The mechanics don't change just because the timeline is compressed.
- Equalization of property and spousal support are governed differently, and length of the relationship plays a different role in each.
You got married, and within a year or two, it fell apart. Maybe there's no house, no children, and it feels like there's nothing much to divide — so does any of this even apply to you? A common assumption is that a short marriage property division works differently, or doesn't apply at all, if the marriage barely lasted. In Ontario, that assumption is largely wrong.
The Family Law Act's equalization scheme doesn't set a minimum marriage length before it applies. Whether you were married for six months or sixteen years, the same basic framework governs how property is divided. What changes with a short marriage isn't the rule — it's usually just how much there is to calculate.
No Minimum Duration for Equalization
Equalization measures the growth in each spouse's net worth between the date of marriage and the date of separation. That calculation runs on a calendar, not a threshold — there's no rule that says a marriage has to last a certain number of months or years before either spouse can make an equalization claim.
This means that even a marriage that lasted a matter of months can, in principle, produce an equalization claim if one spouse's net worth grew more than the other's during that time — for example, through a large deposit, an inheritance, or the paydown of debt on jointly used funds.
How the Calculation Still Works Over a Short Period
The mechanics don't change just because the timeline is compressed. In broad terms:
- Each spouse's net worth is valued at the date of marriage. Debts count against you here, so a spouse who married with significant debt may start with a negative number.
- Each spouse's net worth is valued again at the date of separation.
- The growth over that period is compared. The spouse whose net worth grew more generally owes the other an equalization payment to even out the difference.
- Statutory exclusions still apply — gifts and inheritances from third parties received during the marriage, for example, are generally excluded from this calculation regardless of how short the marriage was.
Because the window is short, the numbers involved are often smaller and simpler than in a longer marriage — but the legal process for calculating them is exactly the same.
Where Length Does Matter: Spousal Support, Not Property
This is where a lot of confusion comes from, and it's worth being precise about it. Equalization of property and spousal support are governed differently, and length of the relationship plays a different role in each.
| Equalization of property | Spousal support | |
|---|---|---|
| Minimum marriage length required? | No — applies from the date of marriage forward | No fixed minimum for married spouses, but entitlement must still be established |
| Role of relationship length | Not a factor in whether the claim exists | One of several inputs courts and the (non-binding) Spousal Support Advisory Guidelines consider in assessing amount and duration |
| What has to be shown | Growth in net worth during the marriage | Need, compensation for economic disadvantage from the relationship, or an agreement |
In short: a short marriage doesn't shut the door on an equalization claim, and it doesn't automatically shut the door on a spousal support claim either — but the length of the relationship is far more relevant to how much and for how long support might run than to whether property gets equalized at all.
What to Do If You're Separating After a Short Marriage
- Don't assume "there's nothing to divide." Even without a house or children, RRSPs, debt paydown, and savings accumulated during the marriage can all factor into an equalization calculation.
- Gather your date-of-marriage numbers early. Bank statements, debt balances, and asset values from around your wedding date become your starting point — the sooner you locate them, the easier the calculation.
- Be aware of the limitation period. Equalization claims must be started within a set time limit tied to your separation, your divorce, or a spouse's death. The exact deadlines are strict and case-specific, so confirm them with a lawyer early rather than assuming you have unlimited time.
- Consider whether a separation agreement makes sense. For a straightforward short marriage with modest assets, a written agreement can often resolve things faster than a court process.
Frequently asked questions
If we were only married for a year, do we even need to go through equalization?
Legally, yes — the right to claim equalization exists regardless of how short the marriage was. Whether it's worth pursuing formally depends on how much net worth actually grew during that year; for many short marriages with modest finances, the numbers may be small enough to resolve with a simple written agreement.
Is an annulment different from a divorce for property purposes?
An annulment addresses whether a marriage was validly formed in the first place, which is a distinct legal question from divorce. If you have questions about whether your marriage was validly formed, that's worth raising directly with a lawyer rather than assuming it changes your property rights either way.
Does living together before the wedding count toward the marriage length?
Equalization is measured from the date of marriage, not the date you moved in together, for married spouses. Time spent living together beforehand doesn't extend the equalization period, though it can be relevant to other issues, such as a spousal support claim.
Can we just agree to skip equalization since the marriage was so short?
Spouses can enter into a separation agreement that resolves property matters between them, including agreeing not to pursue a formal equalization claim — but that agreement needs to meet the legal requirements for a domestic contract (in writing, signed, and witnessed) to be enforceable.
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