In Ontario divorces, matrimonial debts are typically split equally between spouses
When dividing assets and debts during an Ontario divorce, matrimonial debts acquired during the marriage are generally shared equally between both parties, regardless of whose name is on the account. This is part of the province’s equalization of net family property process.
Common types of shared matrimonial debts include:
- Mortgage payments on the family home
- Joint credit card balances and credit lines
- Bank loans taken during the marriage
- Vehicle financing for family vehicles
- Home equity lines of credit (HELOCs)
However, debts incurred before the marriage or after separation typically remain the responsibility of the individual spouse. Working with a divorce mediator or financial analyst can help ensure a fair and legally sound division of matrimonial debts.