Property and debts — married couples
Steps to Justice / CLEO
Property and equalization for married spouses
Ontario’s Family Law Act generally uses an equalization calculation for married spouses rather than simply dividing every asset in half.
When a marriage ends, Ontario’s Family Law Act provides an equalization system based on each spouse’s net family property. Property is identified and valued according to the statutory rules, including property owned on the valuation date, debts and liabilities, permitted date-of-marriage deductions and excluded property. The resulting equalization payment is intended to share the growth in the spouses’ net family property as the Act requires.
This is different from saying that every asset is jointly owned or must be physically divided. Ownership, possession and equalization can be separate questions. Common-law partners do not automatically use the married-spouse equalization regime, although they may have other property claims based on ownership, contract or equitable principles.
What this source covers
Steps to Justice provides plain-language information about property and debt issues for married spouses after separation.
Married spouses use Ontario’s equalization system
Steps to Justice explains the basic net-family-property and equalization framework for married spouses and links users to more detailed information about the matrimonial home, debts and exclusions.
For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.
Read the original source ↗Related rules, forms and explanations
Family Law Act
Ontario’s Family Law Act contains provincial law concerning family property, the matrimonial home, support and domestic contracts.
Family Law Act
Official Ontario statute addressing family property and equalization, support, domestic contracts and related family-law matters.
Family Law Rules — Rule 13: Financial disclosure
Official Family Law Rules provisions governing financial disclosure and financial statements in family proceedings.
Election of Surviving Spouse
Official Ontario family-law form or related court document: Election of Surviving Spouse. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this family-law document as “Election of Surviving Spouse”.
Current official version
The current English version is version dated 2017-04-09 and effective 2017-04-09.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Family Law Act forms
Ontario Court Services provides an official family-related collection for family law act forms.
Financial disclosure in Superior Court family cases
The Superior Court guide explains financial statements and supporting financial documents and points to Rule 13 and the Child Support Guidelines where applicable.
Key points
Financial disclosure is normally required for support and property issues
The Superior Court guide states that claims involving child support and expenses, spousal support or property division normally require financial information and supporting documents to be provided to the other party and the court.
Rule 13 is the main Family Law Rule for financial disclosure
The guide points to Rule 13 and, where child support is involved, the Child Support Guidelines. Delayed or incomplete disclosure can delay the case and may affect costs.
Form 13.1: Financial Statement (Property and Support Claims)
Official Ontario family-law form or related court document: Financial Statement (Property and Support Claims). Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 13.1, “Financial Statement (Property and Support Claims)”.
Current official version
The current English version is version dated 2021-04-30 and effective 2021-08-31.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Form 13B: Net Family Property Statement
Official Ontario family-law form or related court document: Net Family Property Statement. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 13B, “Net Family Property Statement”.
Current official version
The current English version is version dated 2009-05-14 and effective 2009-08-18.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Form 13C: Comparison of Net Family Property Statements
Official Ontario family-law form or related court document: Comparison of Net Family Property Statements. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 13C, “Comparison of Net Family Property Statements”.
Current official version
The current English version is version dated 2021-04-30 and effective 2021-08-31.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Form 29A: Notice of Garnishment (Lump-Sum Debt)
Official Ontario family-law form or related court document: Notice of Garnishment (Lump-Sum Debt). Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 29A, “Notice of Garnishment (Lump-Sum Debt)”.
Current official version
The current English version is version dated 2016-04-11 and effective 2016-06-30.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.