Yukon Property Division Calculator

Yukon follows a statutory equal division model under the Family Property and Support Act (RSY 2002, c 83), section 6(1). Each married spouse is entitled to a 50/50 split of all family assets at the time of marriage breakdown, regardless of whose name the property is in. The court may order an unequal division under section 13 if equal sharing would be significantly unfair based on equitable factors.

Under the Family Property and Support Act, family assets include the family home, household furnishings, vehicles, bank accounts, investments, vested and unvested pension rights, RRSPs, TFSAs, and any property ordinarily used or enjoyed by the family. It does not matter who purchased the asset or whose name it is registered in. Spouses may exclude specific property through a valid marriage contract or separation agreement.

Yukon is neither — it follows a statutory equal division model under the Family Property and Support Act, section 6(1), which mandates an equal 50/50 split of family assets. Unlike equitable distribution, the default is always equal rather than merely fair. Courts may depart from equal division under section 13 only where equitable considerations justify an unequal split.

RRSPs, RRIFs, and pension rights — both vested and unvested — are family assets subject to equal division under the Family Property and Support Act. RRSPs can be transferred between spouses tax-free using CRA Form T2220 as part of a divorce settlement. Future tax liability should be factored into valuations, typically applying a notional tax rate of approximately 30% to determine fair present value.

Part 2 of the Family Property and Support Act (sections 19–27) provides special protections for the family home. Both spouses have a right to remain in the home after separation under section 22, and neither may sell or mortgage it without the other's consent under section 23. The Supreme Court of Yukon may ultimately order the home sold, transferred to one spouse, or retained jointly.

Inheritances are not automatically excluded from family assets under the Family Property and Support Act. If inherited property was used or enjoyed by the family during the marriage, it may be classified as a family asset subject to equal division. The strongest protection is a valid marriage contract or separation agreement that explicitly excludes inherited property from the pool of family assets.

Debts incurred during the marriage for family purposes are generally shared equally between spouses as part of the overall property division under the Family Property and Support Act. The court considers the purpose of the debt and whether it benefited the family when determining responsibility. Debts incurred solely for one spouse's personal benefit may be assigned to that spouse under the equitable considerations in section 13.

Under section 13 of the Family Property and Support Act, Yukon courts may order an unequal division based on factors including the duration of the marriage, when property was acquired, whether assets were brought into the marriage, and the contribution of each spouse (financial and non-financial). Section 14 addresses non-family assets that may still be subject to division. The court's overriding goal is to achieve a fair outcome while recognizing joint spousal contributions under section 5.