Family Property and Support Act (RSY 2002, c 83)

A court grants divorce when the marriage has broken down. 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 common ground used in Yukon.

Effective: 2021

A separation period is not interrupted if the spouses resume cohabitation for up to 90 days in an attempt to reconcile. If reconciliation fails, the earlier separation date still counts. Periods of incapacity also do not interrupt the one-year clock.

Effective: 2021

The Family Property and Support Act defines 'marriage breakdown' for the purpose of triggering property division and support rights under territorial law. This includes separation, divorce, and annulment. The definition determines when spouses become entitled to apply for division of family assets.

Effective: 2021

Family assets include the family home and any property owned by one or both spouses that was ordinarily used or enjoyed by both spouses or their children while living together. Property that spouses agreed to exclude through a marriage contract or separation agreement is not a family asset.

Effective: 2021

The Act recognizes that child care, household management, and financial provision are joint responsibilities of both spouses. Both financial and non-financial contributions are valued equally. This entitles each spouse to an equal share of family assets when the marriage breaks down.

Effective: 2021

When a marriage breaks down, each spouse is entitled to have the family assets divided in equal shares, regardless of which spouse holds legal title to the property. Equal division is the default starting point in Yukon for married couples.

Effective: 2021

The court may order an unequal division of family assets if equal division would be inequitable. Factors include: any agreements between the spouses, duration of cohabitation, duration of separation, when the property was acquired, and whether property was received by one spouse as a gift or inheritance.

Effective: 2021

The court may also divide non-family assets in two situations: where one spouse unreasonably dissipated (wasted) family assets, or where dividing only family assets would be inequitable considering the same factors as unequal division plus the effect of one spouse's homemaking on the other's ability to acquire assets.

Effective: 2021

Both spouses have an equal right to possess the family home regardless of who holds title. Neither spouse can sell, mortgage, or otherwise dispose of the family home without the other's written consent. A spouse can register a caveat on the property title to protect their interest.

Effective: 2021

Both spouses must file sworn statements listing their assets, debts, and income. Full financial disclosure is mandatory in property division proceedings. Failure to disclose can result in the court drawing adverse inferences or setting aside settlements obtained through incomplete disclosure.

Effective: 2021

When making parenting orders for divorcing couples, the court considers only the best interests of the child. The primary consideration is the child's physical, emotional, and psychological safety, security, and well-being. No other factor — including parental preferences — outweighs the child's best interests.

Effective: 2021

The court weighs factors including: the child's needs given age and stage; the nature of the child's relationship with each parent, siblings, and grandparents; each parent's willingness to support the child's relationship with the other parent; the history of care; the child's views and preferences; the child's cultural and linguistic heritage (including Indigenous heritage); each parent's plans for the child; and any family violence.

Effective: 2021

When family violence is alleged, the court examines: the nature, seriousness, and frequency of violence; whether there is a pattern of coercive and controlling behaviour; whether violence was directed at the child or the child was exposed to it; physical, emotional, and psychological harm to the child; and steps taken to prevent further violence.

Effective: 2021

A child should have as much time with each parent as is consistent with the child's best interests. This is not a presumption of equal time — the court determines what schedule serves the child. However, the principle encourages meaningful involvement by both parents where safe and appropriate.

Effective: 2021

The court may order parenting time and decision-making responsibility for each parent. Orders can set specific schedules, communication requirements, conditions for exchanges, supervised parenting time, and geographic restrictions. Interim parenting orders are available while the divorce is pending.

Effective: 2021

A parent who intends to relocate must give at least 60 days' written notice in the prescribed form. If the parents share substantially equal parenting time, the relocating parent bears the burden of proving the move is in the child's best interests. If the child primarily lives with one parent, the objecting parent bears that burden.

Effective: 2021

For unmarried or separated (non-divorcing) couples in Yukon, the Children's Law Act governs. The court considers the child's bonding and emotional ties with each person, among other factors. Past conduct of a parent is not relevant unless it directly relates to their ability to care for the child. There is no presumption favoring either parent based on gender.

Effective: 2008

Spouses in Yukon have a mutual obligation to support each other. This applies to married couples proceeding under territorial law (not the Divorce Act). The obligation recognizes that both spouses contribute to the marriage and may need financial support after separation.

Effective: 2021

The court may order spousal support after considering enumerated factors that are more detailed than those in the federal Divorce Act. These include the length of cohabitation, each spouse's role during the relationship, the financial circumstances of each spouse, and other relevant considerations.

Effective: 2021

When a parent cannot afford both child support and spousal support, child support takes priority. The court must ensure children's financial needs are met first before ordering spousal support payments.

Effective: 2021

Child support in Yukon is calculated using the Yukon Child Support Guidelines (YOIC 2000/63), which mirror the Federal Child Support Guidelines. The amount is based on the paying parent's income and number of children, using Yukon-specific table amounts. Special or extraordinary expenses (childcare, medical, extracurricular, post-secondary) are shared proportional to each parent's income.

Effective: 2021

The support provisions extend to common-law couples. A 2021 amendment (SY 2021, c 6) removed the previous 3-month time limit for common-law spouses to apply for support after separation, giving them more time to seek financial assistance through the courts.

Effective: 2021

Support orders should promote the financial self-sufficiency of the supported spouse, not create long-term dependency. The court aims to help the recipient become economically independent within a reasonable period. This mirrors the federal Divorce Act's objective of promoting self-sufficiency.

Effective: 2021

For divorcing couples, the Divorce Act applies. The court considers the length of cohabitation, the functions each spouse performed, and any existing support arrangements. Misconduct is not relevant. The four objectives are: recognizing economic advantages/disadvantages from the marriage, apportioning child care costs, relieving economic hardship, and promoting self-sufficiency.

Effective: 2021

Parents must financially support their children until the age of majority (19 in Yukon). The obligation may continue beyond 19 if the child is unable to support themselves due to illness, disability, or other cause, or if the child is pursuing post-secondary education.

Effective: 2021

The 2021 Divorce Act amendments impose new duties on separating spouses: protect children from conflict, attempt family dispute resolution where appropriate, provide complete and accurate financial information, and comply with existing court orders. Legal advisers must encourage reconciliation and the use of dispute resolution processes.

Effective: 2021

A valid domestic contract (marriage contract, cohabitation agreement, or separation agreement) takes precedence over the default rules in the Act. If spouses signed an agreement covering property division or support, the court will generally enforce that agreement rather than applying the statute's default equal division.

Effective: 2021

Parties applying for or responding to a support order must file a financial statement with the court. This sworn document details income, expenses, assets, and debts. Employers may also be required to provide income information under s. 46.

Effective: 2021

The court may make interim (temporary) orders for support, property protection, or exclusive possession of the family home while a case is pending. Interim orders provide immediate relief and remain in effect until a final order is made or the interim order is varied.

Effective: 2021

The court may order mediation at the request of both parties in parenting disputes under the Children's Law Act. Mediation cannot be ordered unilaterally — both parties must agree. This encourages out-of-court settlement of parenting arrangements while respecting each party's autonomy.

Effective: 2008

Either party may apply to vary a support order if there has been a material change in circumstances — such as a significant change in income, health, or the needs of the children. The court reviews the original order in light of the new circumstances.

Effective: 2021

A victim of family violence (or a peace officer or victim services worker acting with consent) can obtain an emergency intervention order from a justice of the peace, often within 24 hours. The order is granted without the abuser present (ex parte) when violence has occurred or is likely and the situation is urgent. It can grant exclusive possession of the home, remove the abuser, prohibit contact, and require surrender of weapons. Typically lasts 30 days.

Effective: 2005

A broader protective order available when the court is satisfied family violence has occurred. Unlike emergency orders, both parties attend the hearing. The order can grant exclusive possession of the home regardless of ownership, prohibit the abuser from attending the victim's home, workplace, or school, and impose other protective conditions. Typically lasts 90 days.

Effective: 2005

Yukon defines family violence broadly to include: intentional or reckless acts causing bodily harm or property damage; threats causing reasonable fear; psychological or emotional abuse considered in context; and deprivation of food, clothing, medical attention, shelter, or other necessities. The definition covers current and former cohabitants, spouses, and parents of shared children regardless of marital status.

Effective: 2005

The 2021 Divorce Act defines family violence as any conduct by a family member that is violent, threatening, constitutes a pattern of coercive and controlling behaviour, or causes fear for safety. This explicitly includes physical abuse, sexual abuse, threats, harassment, psychological abuse, financial abuse, failure to provide necessities, and harm to animals or property.

Effective: 2021

The court can set aside a marriage contract, cohabitation agreement, or separation agreement if it was unconscionable, one party did not disclose significant assets or debts, one party did not understand the nature and consequences of the agreement, or other circumstances make enforcement inequitable.

Effective: 2021

In any proceeding under the Children's Law Act, the court may make a restraining order prohibiting a person from molesting, annoying, or harassing the applicant or a child in the applicant's lawful care. This provides an additional layer of protection in parenting disputes involving harassment or intimidation.

Effective: 2008

Yukon has a child support recalculation program that allows child support amounts to be automatically recalculated based on updated income information without requiring a return to court. This administrative process helps keep support orders current as incomes change.

Effective: 2021