Ontario Family Court Form 13 or Form 13.1 – Financial Statement

If you have decided to proceed with your divorce, you may be expected to file a Financial Statement and financial disclosure form. Depending on what you are claiming in the divorce, this may be either Form 13 or Form 13.1. These forms can be pickup you Family Law Information Centres (FLIC Office) found at your local courthouse or can be downloaded for the Ontario Court Forms website.

If your family law case involves a claim for child support, spousal support or property division, you must complete, file and serve these forms. By making a financial statement and financial disclosure, you will be providing details as to: 

• How much you make – your income
• How much you spend – your expenses
• How much you own – your assets and valuables 
• How much you owe – your debts 

In order to ensure that the divorce process turns out the way you want, it will be necessary to take your time and fill these forms in as accurately as possible. The more detailed and correct you are, the better the court and your spouse can appreciate your financial needs in a divorce. 

In this guide, you’ll be able to better appreciate when you need either of these forms, the content of the forms and what you must do to fill them correctly. 

Family Law in Ontario requires you to provide details about your income and expenses.

This information is required in Parts 1 & 2 of Form 13. 

As for Form 13.1, in addition to your income and expenses, you will be required to disclose any non-cash benefits you enjoy and any automatic deductions from your income. This will be required in Parts 1, 2, 3, 4 & 5.

When filling out your income details, pay attention to the following: 

• Set out your income in relation to a specific period. 
  • If you are self-employed, it may be more appropriate to use last year’s income with explanation. 
  • If you are a wage-earner, it is okay to use present or future income. For instance, how much you expect to earn at the end of the month. 
• Include every source of income available to you, whether taxable or non-taxable. If necessary, complete Schedule A to Form 13 titled: Additional Income Sources. 
• Non-cash benefits may include a company car, health or life insurance, disability benefits, sports or gym/club memberships. 
• You must complete the section for “Other Income Earners in the Home” if you are making or responding to a claim for spousal support or “Undue Hardship”. You can find this under Schedule B of Form 13 or Part 6 of Form 13.1.

When filling out your expenses, take note of the following: 

• Also set out your expenses in relation to a specific period. It may be to use the last 12 months of cohabitation. 
• You can have different expense schedules, one for when the family was whole and one for after separation. Use the proposed budget of Form 13.1 (directly beneath Part 12). 
• Multiply the weekly cost of an expense by: 
  • 4.3 in order to get the monthly amount
  • 12 to get the yearly amount
• Divide the annual cost by 12 to get the monthly cost.
• Include any expenses that your spouse still pays along with an explanation. 
• Do not exaggerate your expenses. 
• Retain all your receipts as these may be necessary for questioning or proof.

The information relating to property and debts must be filled in Parts 7 (7a-b), 8, 9, 10, 11 & 12 of Form 13.1. Under Form 13, this information must be filled in Parts 3, 4 & 5. When filling out your information as to property and debts, it is important to take note of the following: 

• List all property and debts owed on the date of marriage. Ensure that you compile all the evidence and documents you have supporting these. 
• As for financial disclosure of excluded property, take note that the following are excluded: 
  • Inheritances and gifts acquired from third parties after the date of marriage. 
  • Insurance proceeds and damages for personal injuries. 
• For disposal of property, make sure to disclose all property by category that was disposed of within the 2 years before making the financial statement or during the marriage (whichever is shorter). 

When filling out your property, make sure to note the following: 

• Note the value of property at: 
  • The date of your marriage
  • The date of separation; and 
  • The date on which you made the financial statement 
• List only property owned, as opposed to those “used” or “possessed” on the applicable dates. 
• Where the property was jointly owned, show 50% interest and value using “joint @50%”. 
• Indicate whether the ownership of jointly-owned assets was intended to be severed. 
• Use market value, rather than the purchase price of the assets or their replacement value. 

For calculation of debts and other liabilities, note the following: 

• List only debts that were owed as at: 
  • The date of marriage
  • The date of separation; and 
  • The date on which you made the financial statement. 
• For jointly held debts, list one half of the value of the debts as “joint @50%”
• Include future debts such as deferred personal taxes capital gains tax etc. 
• Include debts to parents, friends and relatives

There are instances where you may need to create a child expense budget. This will be necessary where: 

• The child is over 18 years of age
• The situation is one of “shared custody” under section 9 of the Child Support Guidelines
• The claims relate to special or extraordinary expenses. 

Attach the following documents to your form: 

• Proof of current income (such as your most recent pay stub)
• Copies of your personal income tax returns over the prior 3 years.
• Copies of your Notice of Assessment or Reassessment issued by the Canada Revenue Agency.