Property division under the Divorce Act follows provincial laws for equitable distribution of matrimonial assets
In Canada, the division of matrimonial property during divorce is governed by provincial and territorial laws, not the federal Divorce Act. Each province has specific rules for how property is divided, but generally aims for a fair and equitable distribution of assets acquired during the marriage.
The court typically considers:
- Family assets including the matrimonial home, vehicles, investments, and pensions
- Financial contributions made by each spouse during the marriage
- Non-financial contributions such as childcare and household management
- Length of the marriage and when assets were acquired
- Pre-marriage agreements or contracts affecting property division