New Brunswick Property Division Calculator

New Brunswick applies a presumption of equal (50/50) division of marital property under Section 2 of the Marital Property Act (RSNB 2012, c 107). Each spouse is entitled to an equal share of family assets and an equal share of marital debts. Courts may order unequal division under Section 7 if a 50/50 split would be inequitable, considering factors like marriage duration and spousal contributions. Property division applications must be filed within 60 days of the divorce being finalized.

Under the Marital Property Act, family assets include property owned by one or both spouses and ordinarily used by the family during cohabitation. This covers the marital home, household goods, vehicles, bank accounts, investments, RRSPs, and pensions accumulated during the marriage. Debts incurred during the marriage — including mortgages, loans, and credit card balances — are also shared equally between spouses.

New Brunswick follows neither the U.S. community property nor equitable distribution model. Instead, it applies a statutory equal division framework under the Marital Property Act (RSNB 2012, c 107), where each spouse is presumptively entitled to 50% of marital property. This differs from equitable distribution provinces like British Columbia, where courts divide property based on fairness rather than a strict equal split. However, Section 7 does permit unequal division in exceptional circumstances.

Pensions are classified as family assets under New Brunswick's Marital Property Act and are subject to equal division. Unlike the U.S. QDRO system, New Brunswick's Pension Benefits Act provides for an immediate lump sum transfer to the non-member spouse, calculated by the plan administrator. The member spouse can alternatively 'buy out' the other spouse's share by trading other assets. RRSPs accumulated during the marriage are also divided, and independent actuarial valuations may be needed for complex pension arrangements.

The marital home receives special treatment under New Brunswick's Marital Property Act. Under Sections 18, 23, and 26, either spouse can apply for exclusive possession of the marital home regardless of whose name is on the title. The home's value is included in the equal division of family assets. Typically, one spouse buys out the other's share, or the home is sold and proceeds split equally. Courts may also order periodic payments from the spouse granted exclusive possession to the other.

Inheritances may be excluded from equal division under Section 6 of the Marital Property Act if including them would be unfair and unreasonable to the owner. Courts consider whether the non-owning spouse made substantial contributions to the inherited asset, the length of the marriage, and any agreements between spouses. However, if inherited funds were commingled with marital property — such as depositing inheritance money into a joint account — the exclusion becomes significantly harder to prove.

Under Section 2 of the Marital Property Act, both spouses share an equal burden of marital debts, including mortgages, loans, and credit card balances accumulated during the marriage. This applies regardless of which spouse incurred the debt. Under Section 8, if one spouse has unreasonably impoverished the marital property through transfer, indebtedness, or mismanagement, the court may divide non-marital property to achieve an equitable result.

While New Brunswick defaults to equal division, courts consider several factors under Section 7 when deciding whether unequal division is warranted. These include the duration of the marriage, each spouse's financial and non-financial contributions (including childcare and homemaking), the economic consequences of the divorce on each party, and any existing agreements between spouses. Under Section 6, courts also assess whether pre-marriage assets, gifts, or inheritances should be excluded from the marital property pool.