ARTICLE · 29 APRIL 2019

Property Issues On Marriage Breakdown In Ontario

Macdonald Sager LLP

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In a traditional marriage the Wife may be the primary care giver for the children and the Husband the primary breadwinner.

CanadaFamily and Matrimonial

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"Equalization of Net Family Property"

Contrary to common misconceptions married couples do not acquire an interest in each other's property just by virtue of being married, and the law does not require division of individually owned property upon marriage breakdown. Instead, in Ontario, the Family Law Act entitles separating legally married spouses to seek an "equalization of net family property". This means, broadly speaking, that any inequality in increases in net worth accumulated by each party during the marriage is to be "equalized" by a cash payment from one to the other. It is not assets that are shared, but rather the increase in net worth occurring during the marriage.

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