Northwest Territories Property Division Calculator

Northwest Territories divides property through equalization of net family properties under the Family Law Act (SNWT 1997, c 18), sections 33–36. Each spouse calculates their net family property, and the spouse with the higher value pays half the difference to the other. This system treats marriage as an equal economic partnership where both financial and non-financial contributions are recognized equally.

Family property in the Northwest Territories includes all assets acquired during the marriage that a spouse still holds at the date of separation. This encompasses the family home, vehicles, investments, RRSPs, pensions, business interests, and bank accounts. Property owned before the relationship is credited as a deduction, but any increase in its value during the marriage is shared through equalization.

The Northwest Territories uses a net family property equalization system, not community property. Under the Family Law Act (SNWT 1997, c 18), section 36, property is not split 50/50 directly — instead, spouses calculate their individual net family property and the difference is equalized through a payment. This approach is similar to Ontario's equalization model rather than a community property regime.

Pensions and RRSPs accumulated during the marriage are included in the net family property calculation under the NWT Family Law Act. The portion of pension value earned during cohabitation is subject to equalization. Additionally, Canada Pension Plan credits are automatically split between spouses who were married at least one year, dividing CPP contributions earned during the relationship equally between both partners.

The family home receives special protection under Part IV of the NWT Family Law Act. Both spouses have equal right to possession regardless of whose name is on the title. Unlike other property, a spouse who owned the family home before the marriage receives no credit for its pre-marriage value — the full value is included in the equalization calculation. Neither spouse can sell or mortgage the family home without the other's consent.

The Northwest Territories does not explicitly list gifts and inheritances as excluded property under section 35(2) of the Family Law Act, unlike Ontario or British Columbia. Excluded property is limited to assets excluded by domestic contract and personal injury damages or settlements. However, a valid marriage contract or cohabitation agreement under Part I can protect inherited assets from equalization if executed properly.

Debts incurred during the marriage are factored into each spouse's net family property calculation under the NWT Family Law Act. Joint debts such as mortgages, car loans, and credit card balances reduce a spouse's net family property value. Under section 36(6), the court can vary equalization if one spouse accumulated debt recklessly or in bad faith, which provides protection against deliberate financial misconduct.

Under section 36(6) of the NWT Family Law Act, courts may vary equalization based on several factors: the length of the marriage, each spouse's financial and non-financial contributions including homemaking, economic circumstances and earning capacity, reckless debt accumulation, intentional property depletion, and the age and health of both spouses. Courts also consider any existing written agreements between the parties.