🏠 Property Division Lawyer Sudbury ON

Ontario does not split property equally. Instead, it equalizes the increase in each spouse's net worth during the marriage. Each spouse calculates their Net Family Property (NFP) — assets at separation minus debts at separation minus assets brought into the marriage. The spouse with the higher NFP pays the other half the difference. This is the equalization payment. Certain assets are excluded, including inheritances and gifts received during the marriage.

The matrimonial home in Ontario has special status. Both spouses have an equal right to possess the matrimonial home during the marriage and at separation, regardless of whose name is on title. The value of the home at separation is included in both spouses' Net Family Property calculations, even if only one spouse owned it before the marriage. This is one of the most significant and often most contested issues in Ontario property division.

Excluded property includes gifts and inheritances received during the marriage from a third party (provided the funds were not later invested in the matrimonial home), personal injury damages received during the marriage, and property brought into the marriage that can be traced to date-of-marriage values. Exclusions require careful documentation and tracing — we help you build and protect your exclusion claims.

Pensions are included in the equalization calculation. The value of a defined benefit pension earned during the marriage is included in the pension-holding spouse's NFP. Ontario allows a pension administrator to pay the equalization amount directly from the pension plan in some cases. Pension valuations require actuarial calculation, and the rules for dividing different types of pensions vary. We work with pension valuators to ensure accuracy.

Both spouses have a legal obligation to make full financial disclosure in a family law proceeding. If you suspect your spouse is hiding assets, undervaluing property, or failing to disclose income, we have tools available — including financial disclosure motions, court-ordered production, and forensic accountant referrals — to uncover the full picture. Courts take non-disclosure seriously and can draw adverse inferences.