Dividing property

When a marriage ends in Ontario, spouses usually share the growth in their net worth during the marriage through an equalization payment. The matrimonial home has its own rules, and both spouses have an equal right to live in it until an agreement or court order says otherwise. Common-law partners do not have the same property rights under the Family Law Act, so their claims need a different approach. We gather the financial records, arrange valuations where needed and explain what each option would mean for you.

Equalization compares what each spouse gained during the marriage. We build a net family property statement for each of you, with values on the date of marriage and the date of separation. The spouse with the larger gain usually pays the other half the difference.

Time limits apply. A claim for equalization must usually be started within two years of a divorce or six years of separation, whichever comes first. Common-law partners have different rules and need advice early.

This issue can be settled by agreement or decided by a judge. We try negotiation or mediation first. If that fails, or if a child's safety is at risk, we go to court.

Every file starts with a short call, a consultation, a written retainer and financial disclosure. See the stages on our how a case moves timeline.