The terms you'll hear during separation and divorce — explained in everyday English.
Who this is for: Anyone in Ontario navigating separation, divorce, or a family agreement who keeps running into legal jargon. What you'll get: about 35 of the most common family law terms, each defined in a sentence or two without the legalese.
⚖️ This is a general guide, not legal advice. It can't account for your specific situation. Use it to get oriented, then confirm the details with a licensed Ontario lawyer.
Family law has a vocabulary all its own, and being handed a document full of unfamiliar terms is stressful when you're already going through a lot. This glossary translates the words you're most likely to encounter in an Ontario separation or divorce. Definitions are general — your lawyer can explain how each one applies to you.
How to use this: Skim it once to get oriented, then keep it nearby and look terms up as they come up in letters, agreements, or court forms. Terms are grouped by theme so related ideas sit together.
Status & timing
Separation — When spouses begin living "separate and apart" with at least one of them intending the relationship to be over. You can be separated while still living under the same roof. No court order or paperwork is needed to be separated.
Divorce — The formal legal ending of a marriage, granted by a court. Only married couples divorce; common-law couples "separate." You can be separated for a long time without ever divorcing.
Separation date — The date the relationship ended. It matters a great deal: it's the snapshot date for valuing property and a key date for support and limitation periods. Spouses sometimes disagree about it, which is why it can be hotly contested.
Common-law (cohabiting) partners — Two people living together in a marriage-like relationship without being married. In Ontario, they have different (and generally fewer) property rights than married spouses, though support obligations can still arise.
Dividing property
Equalization (equalization of net family property) — The process married spouses use to share the growth in their wealth during the marriage. The spouse whose net worth grew more pays the other half the difference. It applies to married spouses, not common-law partners.
Net family property (NFP) — Each spouse's "score" in the equalization calculation: roughly, the value of everything you own minus your debts on the separation date, less certain deductions and exclusions, and less what you brought into the marriage.
Equalization payment — The actual dollar amount one spouse pays the other to even things out after both NFPs are calculated.
Deduction (date-of-marriage deduction) — The value of assets you brought into the marriage, which you generally subtract so you only share the growth. The matrimonial home is a major exception — it usually can't be deducted.
Exclusion — Certain property left out of equalization entirely, such as a gift or inheritance received during the marriage from someone other than your spouse (if kept separate and traceable). Excluded property is treated differently from a deduction.
Matrimonial home — A property the spouses ordinarily occupy as their family residence at separation. Under the Family Law Act it gets special treatment: both married spouses have an equal right to live there, and it generally can't be deducted in equalization. There can be more than one.
Parenting
Decision-making responsibility — The modern term (replacing "custody") for the authority to make major decisions about a child — things like education, health care, and religion. It can be shared or held by one parent.
Parenting time — The modern term (replacing "access") for the time a child spends in the care of each parent, including day-to-day decisions during that time.
Best interests of the child — The single guiding test for all parenting decisions in Ontario. A court considers factors like the child's needs, relationships, safety, and views, and each parent's willingness to support the child's relationship with the other parent.
Parenting plan — A written agreement setting out the parenting schedule, decision-making, holidays, communication, and how disputes will be handled. A clear plan prevents most day-to-day conflict.
Parallel parenting — An arrangement for high-conflict situations where each parent makes day-to-day decisions during their own time with minimal direct contact, following a detailed schedule. It limits the need for cooperation.
Child support
Child Support Guidelines — The federal/provincial rules that set how much child support is paid, based mainly on the paying parent's income and the number of children. They make the basic amount largely formula-driven rather than a matter of negotiation.
Table amount — The base monthly child support figure that comes from the Guidelines tables, determined by the payor's income and the number of children. (Always check the current tables — amounts change.)
Section 7 expenses (special or extraordinary expenses) — Extra child-related costs shared by the parents on top of the table amount — for example, child care, certain medical and dental costs, and some activities. They're usually split in proportion to each parent's income.
Set-off — In shared-parenting situations, a way of calculating support by taking what each parent would owe the other and paying the difference. The higher earner typically pays the net amount.
Imputing income — When a court assigns a parent a higher income than they report — for example, if they're underemployed on purpose or their true income is unclear — and calculates support on that figure.
Spousal support
Spousal support — Money one spouse or partner pays the other after separation, to address financial need or the economic impact of the relationship and its breakdown. Both married and common-law partners can be entitled or obligated, depending on the facts.
Spousal Support Advisory Guidelines (SSAG) — Influential (but non-binding) guidelines that suggest ranges for the amount and duration of spousal support. Courts and lawyers use them as a starting point, not a fixed rule.
Entitlement — The threshold question for spousal support: whether a spouse has a right to support at all (on compensatory, needs-based, or contractual grounds), decided before how much and how long.
Agreements & contracts
Domestic contract — The umbrella term for private agreements between partners about their rights and obligations — including marriage contracts, cohabitation agreements, and separation agreements.
Marriage contract — A domestic contract signed by people who are married or about to marry (often called a "prenup"), setting out how property and support will be handled. It can change some default rules, within limits.
Cohabitation agreement — A domestic contract for common-law partners, addressing property, support, and other matters during the relationship and on separation. It can later be treated as a marriage contract if the couple marries.
Separation agreement — A contract that resolves the issues arising from a separation — property, support, parenting — without going to court. A well-drafted one can settle almost everything by agreement.
Independent legal advice (ILA) — Separate legal advice each person gets from their own lawyer before signing a contract, so they understand it and aren't pressured. Lack of ILA is a common reason agreements get challenged later.
Money & disclosure
Financial disclosure — The obligation to fully and honestly share your financial information — income, assets, and debts — with the other side. Complete disclosure is the foundation of any fair settlement; hiding assets can unravel a deal.
Form 13 / Financial Statement — The standard Ontario court form on which you set out your income, expenses, assets, and debts under oath. (Form 13 and Form 13.1 are used depending on the issues.) It's the backbone of financial disclosure in court.
Dissipation — Wastefully spending, hiding, or recklessly depleting assets — for example, to reduce what a spouse will have to share. Courts can adjust the outcome to account for it.
Resolving disputes
Mediation — A voluntary process where a neutral mediator helps the couple reach their own agreement. It's usually faster, cheaper, and less adversarial than court, and the mediator doesn't impose a decision.
Arbitration — A private process where a neutral arbitrator hears both sides and makes a binding decision, like a private judge. Faster and more flexible than court, but the result is generally final.
Collaborative family law — A process where both spouses and their specially trained lawyers commit, in writing, to resolving everything without going to court, working together in a series of meetings. If it breaks down, the collaborative lawyers must step aside.
Restraining order — A court order limiting one person's contact with or proximity to another (and sometimes the children), used where there are safety concerns. Breaching one can have serious consequences. If you're in danger, contact emergency services first.
Terms you'll hear together
Some of these almost always travel in packs. When property is being divided, expect net family property, equalization, deduction, exclusion, and matrimonial home in the same conversation. When parenting is on the table, you'll hear decision-making responsibility, parenting time, and best interests of the child together. For child support, Child Support Guidelines, table amount, Section 7 expenses, and set-off go hand in hand. And almost every settlement involves financial disclosure, a domestic contract (often a separation agreement), and independent legal advice before anyone signs.
How Treadstone Law can help
Treadstone Law is a digital-first Ontario family law firm. We're big believers in plain language — if a term in your file is confusing, that's our job to fix, not yours to decode.
- Clear, jargon-free advice on property, support, parenting, and agreements.
- Flat-fee options for many family matters, with 100% online intake.
- Virtual service across all of Ontario from our Mississauga base.
Start a file online at treadstonelaw.ca/start-file, explore our family law services, or see transparent pricing. Have a quick question? Call 1-844-900-1070.
This is not legal advice
This guide 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.