Family Law Act (RSO 1990, c F.3)

The sole ground for divorce in Canada is marriage breakdown. Breakdown is established by: (a) living separate and apart for at least one year, (b) adultery by the other spouse, or (c) physical or mental cruelty making cohabitation intolerable. The one-year separation is the most commonly used ground — you can file before the year ends but the divorce cannot be granted until it has elapsed.

Effective: 2021

Spouses are deemed to have lived separate and apart if they lived apart and either had the intention to separate. Spouses can attempt reconciliation for up to 90 days without restarting the one-year clock. They can also live 'separate and apart' under the same roof if they have separated their lives emotionally, financially, and socially.

Effective: 2021

To file for divorce in Ontario, at least one spouse must have been habitually resident in Ontario for at least one year immediately before starting the proceeding. If proceedings are started in two provinces, the Act provides rules to determine which court retains jurisdiction, prioritizing the province where the child is habitually resident when parenting orders are sought.

Effective: 2021

Net family property (NFP) equals the value of all property a spouse owns on the valuation date (usually separation), minus debts and the value of property owned at the date of marriage. Excluded property includes gifts and inheritances received during the marriage, personal injury damages, and life insurance proceeds — provided they can be traced and have not been commingled with other assets. If a spouse's NFP calculates below zero, it is deemed to be zero.

Effective: 2024

When spouses divorce, separate with no prospect of reconciliation, or one spouse dies, the spouse with the lower NFP is entitled to half the difference between the two NFPs. This is an equalization payment — not a division of assets. Each spouse keeps what they own, but a cash payment equalizes the growth in net worth during the marriage.

Effective: 2024

The court may order an amount more or less than half the NFP difference if equal sharing would be 'unconscionable' — a very high threshold requiring the result to shock the court's conscience. Factors include: failure to disclose debts at marriage, reckless or bad-faith debts, gifts from the other spouse, intentional depletion of property, and marriages lasting less than five years. The purpose of equalization is to recognize that both financial and non-financial contributions to a marriage are equal.

Effective: 2024

The matrimonial home is every property in which a spouse has an interest that was ordinarily occupied as the family residence at separation. Multiple properties can qualify. Both spouses have an equal right to possess the matrimonial home regardless of who holds legal title. Unlike all other property, the matrimonial home's value at the date of marriage is never deducted from NFP — its full value on the valuation date is always included. These rights apply only to legally married spouses.

Effective: 2024

Neither spouse may sell, mortgage, or encumber an interest in a matrimonial home without the other spouse's written consent or a court order, even if the home is in only one spouse's name. If a spouse disposes of the home without consent, the court can set aside the transaction — unless the buyer acted in good faith and did not know the property was a matrimonial home.

Effective: 2024

A spouse must bring an equalization claim before the earliest of: (a) two years after the divorce is granted or the marriage is annulled, (b) six years after the date of separation with no reasonable prospect of reconciliation, or (c) six months after the first spouse's death. Missing these deadlines permanently bars the claim. The court may grant an extension of time under section 2(8) in limited circumstances.

Effective: 2024

The court may make an order allocating parenting time and decision-making responsibility for children of the marriage. Either or both spouses, or a non-spouse who is or intends to stand in the place of a parent, may apply. The 2021 amendments replaced the terms 'custody' and 'access' with 'decision-making responsibility' and 'parenting time' to focus on children's needs rather than parental rights.

Effective: 2021

The best interests of the child is the only consideration for parenting decisions. The court must give primary consideration to the child's physical, emotional, and psychological safety, security, and well-being. Factors include: the child's needs given age and development, the nature and strength of relationships with each parent and siblings, each parent's willingness to support the child's relationship with the other parent, the child's views and preferences, cultural and linguistic heritage (including Indigenous heritage), and any history of family violence.

Effective: 2021

Family violence means any violent, threatening, or coercive and controlling conduct by a family member toward another, whether or not it constitutes a criminal offence. It includes physical abuse, sexual abuse, threats, harassment, psychological abuse, financial abuse, threats to harm animals or damage property, and a child's direct or indirect exposure to such conduct. When family violence is present, the court must consider how it affects each parent's ability to care for the child and whether cooperative parenting arrangements are appropriate.

Effective: 2021

Unless the court orders otherwise, the person exercising parenting time has exclusive authority to make day-to-day decisions affecting the child during that time. This means routine matters like meals, bedtime, homework, and minor discipline are decided by whichever parent the child is with. Major decisions about health, education, and religion fall under allocated decision-making responsibility.

Effective: 2021

A parent who intends to relocate must give at least 60 days' written notice to the other parent, including the new address and a proposed parenting plan. The burden of proof depends on the existing arrangement: if parenting time is substantially equal, the relocating parent must prove the move is in the child's best interests; if the child spends the vast majority of time with the relocating parent, the opposing parent must prove it is not; in all other cases, both parents share the burden. The court must not consider whether the relocating parent would still move without the child.

Effective: 2021

Ontario's Children's Law Reform Act mirrors the federal Divorce Act's best-interests test for unmarried parents or cases not proceeding under the Divorce Act. Amended in 2021 to align with the federal changes, it replaced 'custody' and 'access' with 'decision-making responsibility' and 'parenting time.' Section 24(3) lists specific factors including the child's relationships, views and preferences, cultural heritage, family violence history, and each parent's willingness to support the child's relationship with the other parent.

Effective: 2021

The court may order a spouse to pay child support for any or all children of the marriage. The amount is generally determined by the Federal Child Support Guidelines based on the payor's income and the number of children, using standardized tables. Additional amounts may be ordered under section 7 for special or extraordinary expenses such as childcare, health insurance, and extracurricular activities, shared proportionally to each parent's income.

Effective: 2021

The court may order one spouse to pay periodic or lump-sum support to the other. The court considers each spouse's condition, means, needs, and circumstances — but not marital misconduct. The four objectives are: (a) recognize economic advantages or disadvantages from the marriage or its breakdown, (b) apportion financial consequences of child care, (c) relieve economic hardship from the breakdown, and (d) promote each spouse's self-sufficiency within a reasonable time. The Spousal Support Advisory Guidelines (SSAG), while not legislation, are widely used to calculate amount and duration.

Effective: 2021

When the court considers both child and spousal support, child support takes priority. If prioritizing child support means the court cannot make a spousal support order or must reduce it, the court must record its reasons. If child support is later reduced or terminated, that constitutes a change of circumstances allowing the other spouse to apply for spousal support or a variation.

Effective: 2021

Under Ontario's Family Law Act, every spouse has an obligation to provide support for themselves and the other spouse to the extent they are capable, based on need. Every parent must support their unmarried child who is a minor or unable to withdraw from parental care due to illness, disability, or other cause. This obligation does not extend to children 16 or older who have voluntarily withdrawn from parental control. These provincial provisions apply to both married and common-law spouses who have cohabited for at least three years.

Effective: 2024

The court may order a person to provide support for their dependants and determine the amount. Under section 34, the court has broad powers including: ordering periodic payments (indefinite or time-limited), lump-sum payments, property transfers, and security for payment obligations. The court may also index periodic payments to inflation. The Ontario Court of Justice has more limited powers than the Superior Court for certain types of orders.

Effective: 2024

A court may vary, discharge, or suspend a support order if satisfied there has been a material change in circumstances. No variation application may be brought within six months of the previous order unless the court allows it. If the variation involves child support, the new amount must comply with the Child Support Guidelines tables unless an exception applies. For spousal support, changes in income, health, employment, or retirement may justify a variation.

Effective: 2024

The 2021 amendments require spouses to try to resolve matters through a family dispute resolution process — such as negotiation, mediation, or collaborative law — before going to court, to the extent it is appropriate to do so. This duty does not apply where it would be clearly inappropriate, such as in cases involving family violence or a significant power imbalance between the parties.

Effective: 2021

Every lawyer acting in a divorce proceeding must inform the client about reconciliation possibilities and encourage the use of family dispute resolution processes unless clearly inappropriate. Lawyers must also inform clients about available family justice services and their duties under the Act. Every originating or responding document filed in court must contain a certificate from the lawyer confirming compliance with these duties.

Effective: 2021

When a family court proceeding begins in Ontario, both parties must attend a Mandatory Information Program (MIP) within 45 days. The free two-hour session covers the court process, alternative dispute resolution options (mediation, collaborative law, arbitration), information about children's needs during separation, and community resources. Each party attends a separate session. A certificate of attendance must be filed with the court.

Effective: 2024

The court may vary, rescind, or suspend any support order, parenting order, or contact order — retroactively or prospectively — if there has been a change of circumstances since the original order. A terminal illness or critical condition of a parent is deemed a change of circumstances for parenting orders. A child's relocation is also deemed a change of circumstances. Variation of spousal support must pursue the same four objectives as the original order.

Effective: 2021

A parenting plan is a document containing the agreed-upon terms for parenting time, decision-making responsibility, or contact. The court may consider a parenting plan filed by the parties. Plans can cover schedules, holiday arrangements, communication protocols, and how decisions about the child's health, education, and religious upbringing will be made. While not mandatory, parenting plans are strongly encouraged and may be incorporated into a court order.

Effective: 2021

The court may grant one spouse exclusive possession of the matrimonial home regardless of ownership, for a period the court directs. The court considers: the best interests of the children (including disruptive effects of a move and the child's views), existing orders, each spouse's financial position, any written agreement, availability of other affordable accommodation, and any violence committed by a spouse. A police officer may arrest without warrant anyone who contravenes an exclusive possession order.

Effective: 2024

Married or engaged couples may enter a marriage contract governing their rights on separation, annulment, dissolution, or death. Common-law partners may enter a cohabitation agreement (which automatically becomes a marriage contract if they marry). Separated spouses may enter a separation agreement. All three types may address property division, support, and children's education — but cannot limit a spouse's possessory rights to the matrimonial home. Decision-making responsibility and parenting time provisions are subject to court review based on the child's best interests.

Effective: 2024

A domestic contract must be in writing, signed by both parties, and witnessed to be enforceable. The court may set aside a contract or provision if: (a) a party failed to disclose significant assets or debts, (b) a party did not understand the nature or consequences of the contract, or (c) the contract is invalid under general contract law (unconscionability, duress, undue influence, fraud, or misrepresentation). This is a two-step test — the party seeking to set aside the contract bears the burden of proof, and the threshold is very high.

Effective: 2024

A spouse may file an affidavit stating that the other spouse is maintaining a barrier to religious remarriage (such as refusing to grant a religious divorce like a Jewish 'get'). If the other spouse does not remove the barrier within 15 days and satisfy the court that it has been removed, the court may dismiss that spouse's applications and strike their pleadings. This provision ensures one spouse cannot use religious divorce requirements as leverage in civil proceedings.

Effective: 2021

Every adult child in Ontario has an obligation to provide support for a parent who has cared for or provided support for that child, to the extent the child is capable of doing so and the parent is in need. This reciprocal support obligation is unique to Ontario provincial law and has no equivalent in the federal Divorce Act. A parent who abandoned or neglected a child may have difficulty enforcing this obligation.

Effective: 2024

Ontario's Pension Benefits Act allows the division of pension benefits when a marriage or common-law relationship ends. A former spouse is entitled to up to 50% of the pension benefits earned during the period of cohabitation. The pension administrator must be served with a domestic contract or court order specifying the division. The Family Law Act's equalization framework includes the value of pension entitlements in the NFP calculation.

Effective: 2024