In Ontario, marital assets are divided through mutual agreement or court-ordered equalization under the Family Law Act

The division of matrimonial property in Ontario follows the principle of equalization of net family property. While couples can negotiate their own settlement through mediation or collaborative divorce, the courts will intervene if an agreement cannot be reached.

  • Spouses can create their own separation agreement with help from lawyers or mediators
  • The court considers the value of all assets acquired during the marriage
  • Each spouse is typically entitled to an equal share of the marriage’s accumulated wealth
  • Certain assets may be excluded, such as inheritances and gifts from third parties
  • Professional guidance from a family law lawyer or divorce financial analyst can help ensure a fair division