TFSA assets can be split between spouses during divorce without tax penalties through direct transfers

During a marriage breakdown, Tax-Free Savings Account (TFSA) assets can be divided as part of the overall separation of marital property. The division process maintains the tax-free status of these investments when handled correctly.

  • Assets can be transferred directly between spouses’ TFSAs without affecting contribution room
  • The transfer must be ordered by a separation agreement or court decree
  • Both growth and contributions during the marriage are typically considered shared assets
  • The receiving spouse maintains the tax-free status of their portion

To ensure proper handling, these transfers should be coordinated through financial institutions with proper documentation from legal professionals. This helps maintain compliance with the Income Tax Act while protecting both parties’ interests.