Married spouses
Equalisation applies
Spouses share the increase in the value of their family property. The growth during the marriage is divided equally through an equalisation payment.
Ontario
family law · Property
Division of property in an Ontario divorce.
Quick answer
In an Ontario divorce, married spouses generally share the increase in the value of their family property. The growth during the marriage is divided equally through an equalisation payment. Some property, such as gifts and inheritances, can be excluded.
Ontario, Canada · Updated 2026.
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01The basics
How equalisation works.
It is one of the most important and most contested issues on a separation. Get advice early, and keep records of what you owned on the date of marriage and the date of separation.
Married spouses share the increase in the value of their family property. The value of property acquired during the marriage and still held at separation is generally divided equally through an equalisation payment.
02Excluded property
What you can keep out.
Some property can be excluded from the calculation, provided it was kept separate and not mixed into shared property.
- ●A gift from someone other than your spouse
- ●An inheritance
- ●Damages from a personal injury claim
- ●Proceeds of a life insurance policy on a death
- ●Property the spouses agreed to exclude
- ●Unadjusted pensionable earnings under the Canada Pension Plan
03It depends on status
Married and common law are not the same.
Equalisation is for married spouses. Common law partners have different, more complex rights.
Common law partners
No automatic equalisation
Each partner keeps what they brought in or acquired. A claim may still exist through constructive trust, resulting trust or quantum meruit, which are complex and need a family lawyer.
04Conduct and debt
How Ontario treats fault and debt.
Ontario uses a no fault approach to property, and the Family Law Act assigns debt by whose name it is in.
| Situation | How Ontario treats it |
|---|---|
| Adultery or cruelty | Does not affect entitlement to property or assets |
| Debt in one name | That person is solely responsible |
| Debt in both names | Shared by both parties after separation |
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Is property always split equally
Married spouses generally share the growth in value during the marriage through equalisation. The conduct of either spouse does not change that.
Do common law partners share property
Not through equalisation. A common law partner may still have a claim through constructive or resulting trust.
Who keeps an inheritance
An inheritance is usually excluded from equalisation, provided it was kept separate and not mixed into shared property.
How is joint debt handled
Each person is liable for debt in their own name. Debt in both names is shared by both after separation.
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