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Family Law Guides

Plain-language summaries of separation, divorce, and family law, by jurisdiction. General information only, not legal advice. Check each point against the official sources linked for your province or state, which are the final word.

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Financial disclosure · Canada & US

The forms that matter most, and what they actually ask.

Every separation that involves finances requires full financial disclosure. These are the court forms each jurisdiction uses, what they cover, what's genuinely hard to fill out, and how to get it right.

Ontario
Form 13.1, Financial Statement (Property and Support Claims)
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Form 13.1 is Ontario's primary financial disclosure document for cases involving both property division and support claims. It's a court form under the Family Law Rules and required whenever either party claims equalization of net family property or an interest in property, in addition to support. If the case involves support only, a shorter Form 13 applies. The two are not interchangeable.

What the form covers (check the current form for exact part numbers)
Income
Total income from all sources including employment, self-employment, rental income, investments, government benefits (EI, CPP, OAS), and any other income received. Attach the last 3 years of tax returns and Notices of Assessment. CRA My Account can be used to obtain these.
Expenses
Monthly living expenses broken into categories: housing, food, clothing, transportation, childcare, health, entertainment, and miscellaneous. Courts use this to assess need for spousal support and child support add-ons (section 7 expenses).
Other income information
Explains income that doesn't appear on tax returns, notably self-employment income, business income, dividends through a corporation, or income in kind. Courts can impute income where this section is incomplete or unclear.
Assets and debts (today and on the date of marriage)
The most complex section. List all assets at current market value AND their value on the date of marriage. Covers real property, bank accounts, investments (RRSP, TFSA, RESP), pension/DPSP, business interests, vehicles, personal property, and other assets. Debts are similarly listed on both dates. The difference between these two sets of values determines Net Family Property for equalization.
Net family property calculation
The net family property (NFP) calculation, present-day net worth minus date-of-marriage net worth. The spouse with the higher NFP owes an equalization payment equal to half the difference. Excluded property (inheritances, gifts from third parties, pre-marriage property) reduces NFP.
Summary of income and expenses
A summary page consolidating income and expense figures. Used to calculate surplus or deficit for support purposes.
What trips people up
  • Valuing real property: use a current appraisal or recent comparable sales, not the assessed value on your property tax bill (these are often lower and usually not relied on as market value).
  • Date of marriage values: documentation is usually needed for the value of every significant asset on the exact date of your marriage. Bank statements, investment account statements, purchase records. If you don't have them, contact the institution directly, many can pull historical statements going back several years.
  • Pension values: a Defined Benefit pension requires an actuarial valuation from the pension administrator. Request this early, it can take several weeks.
  • RRSP/RRIF: report the full pre-tax value, not the after-tax amount you'd receive on withdrawal. Courts apply a notional tax deduction separately.
  • Business interests: if you own shares in a corporation or are a partner in a business, the business must be valued. This typically requires a formal business valuation (CBV).
  • Excluded property: inheritances and gifts received during the marriage from someone other than your spouse are excluded from NFP if you can trace them. Keep documentation.
Official Ontario court forms: Ontario Family Law Act ↗ · Form 13.1 available via Ontario Court Forms portal ↗. Instructions available from ontario.ca and through the court's self-help centres.
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British Columbia
Form F8, Financial Statement (BC Supreme Court Family Rules)
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British Columbia uses Form F8 under the BC Supreme Court Family Rules for financial disclosure in family proceedings. Under Rule 5-1, it is required where a party seeks child support, spousal support or property division under Part 5 of the Family Law Act. Unlike Ontario, BC does not calculate "net family property" the same way: BC's Family Law Act provides for equal division of family property and family debt, with judicial discretion to deviate when equal division would be significantly unfair.

What the form covers
Schedule 1, Income
Total income from all sources, last 3 years of tax returns and Notices of Assessment required. Self-employed parties generally need to include financial statements for businesses they own or control; check the form instructions.
Schedule 2, Expenses
Monthly expenses across all categories. Courts use this to assess spousal support need and, for child support, Section 7 special expenses.
Schedule 3, Assets
All assets at current market value, real property, vehicles, financial accounts, investments, pension, life insurance cash value, business interests, and other. BC distinguishes between family property (divisible) and excluded property (not divisible): assets owned before the relationship, gifts and inheritances received from third parties, and certain insurance proceeds are excluded.
Schedule 4, Debts and Liabilities
All outstanding debts at current balance, mortgage, lines of credit, credit cards, student loans, vehicle loans, personal loans, and other. Family debt is divided equally absent unfairness.
BC-specific notes
  • BC's "excluded property" concept is different from Ontario's: inherited assets or pre-relationship assets are excluded, but their increase in value during the relationship is family property and divisible.
  • In BC, what counts as family property is generally fixed at separation, but it is usually valued at the date of the agreement or trial. Ontario works differently.
  • Pension division in BC follows Part 6 of the Family Law Act; ask the plan administrator what information and forms they need to value and divide the pension.
  • The BC government's family justice pages at gov.bc.ca explain the process and the forms.
Official: BC Family Law Act ↗ · Form F8 and instructions: Supreme Court family forms (gov.bc.ca) ↗
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Alberta
Notice to Disclose and Statement of Income, Assets and Liabilities (Form FL-17, Alberta Rules of Court)
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In the Court of King's Bench of Alberta, financial disclosure is usually compelled through a Notice to Disclose (Form FL-17 under the Alberta Rules of Court); the responding party completes its Schedule A, the Statement of Income, Assets and Liabilities. Family Law Act applications in the Court of Justice use a Financial Disclosure Statement. Alberta's property division is governed by the Family Property Act (formerly the Matrimonial Property Act): property acquired during the relationship is generally divided equally unless that would be unjust, subject to exemptions.

What the form covers
Income
All income sources for the current and previous two years. Must attach T1 general tax returns and T4/T5 slips. Self-employed: attach financial statements. Corporate income: courts often look through a corporation to determine true income.
Monthly expenses
Total monthly household and personal expenses post-separation. Alberta courts use this for spousal support calculations and section 7 extraordinary expense claims.
Property
All property owned individually or jointly, with current values. Includes real estate (home, rental, vacation property), vehicles, bank accounts, investments, RRSPs, pensions, business interests, and personal property over $5,000. Exempt property (property owned before marriage or received as gifts/inheritance) is listed separately.
Debts
All liabilities, mortgage, credit cards, lines of credit, student loans, business debts, personal loans, and other obligations.
Alberta-specific notes
  • Exempt property under the Family Property Act generally includes pre-relationship property, gifts and inheritances received during the marriage, personal injury settlements, and insurance proceeds for personal loss. Keep documentation, the onus is on the party claiming exemption to prove it.
  • On January 1, 2020 the Matrimonial Property Act became the Family Property Act and was extended to adult interdependent partners (generally 3+ years together, or sooner in a relationship of some permanence with a child). Agreements that opt out of the Act are enforceable only if each party acknowledges them in writing, apart from the other party, before a lawyer who is not acting for the other party (s. 38).
  • Farms and businesses often raise valuation and exemption questions, and a family lawyer can advise where one is involved.
  • For pensions, contact the plan administrator and request a "Family Relations Statement" or equivalent, some Alberta plans have jurisdiction-specific forms.
Official: Alberta Family Property Act ↗ · Form FL-17 (Notice to Disclose): Alberta court forms ↗ · Alberta.ca, Divorce and separation ↗
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Quebec
Sworn Declaration of Patrimonial Rights (Civil Code approach)
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Quebec operates under civil law (not common law) and has a fundamentally different approach to property division on separation. The default matrimonial regime for marriages after 1970 is the "partnership of acquests", each spouse owns their acquests (property acquired during the marriage from earnings or from use of acquests) separately, but on dissolution each spouse is entitled to half of the other's net acquests. Quebec also mandates the division of "family patrimony", a set of assets that must be divided equally regardless of matrimonial regime.

What must be disclosed
Family patrimony assets
The family residence and any secondary residences, household furniture, motor vehicles used for family travel, and accumulated retirement benefits earned during the marriage. Their value is generally shared equally regardless of whose name they are in. Courts require documentation of the value of each of these on the date of marriage and the date of separation.
Acquests (under partnership of acquests regime)
All property acquired during the marriage using earnings or acquests, bank accounts, investments, income, property purchased during the marriage. Each spouse discloses their net acquests and is entitled to half of the other's net acquests on dissolution.
Reserved and private property
Property that remains entirely the spouse's own: property owned before the marriage, property received as gifts or inheritance during the marriage (from someone other than the spouse), and certain personal items. These are not shared under the partnership of acquests regime.
Pension rights
The portion of pension benefits accumulated during the marriage is part of the family patrimony and must be divided. A formal pension valuation from the administrator is typically required. For QPP (Quebec Pension Plan), partition is handled directly through Retraite Québec.
Quebec-specific notes
  • Common-law couples (de facto unions) in Quebec have almost none of the automatic property rights that married couples have. Unless a cohabitation agreement is in place, de facto spouses do not share in family patrimony or acquests on separation. Since June 30, 2025, de facto spouses who have a child together born or adopted on or after that date are in a parental union, with a smaller parental union patrimony (family residence, furniture and vehicles).
  • Separation (separation from bed and board) and divorce are distinct legal proceedings in Quebec. Both may trigger patrimony division.
  • Notaries play a significant role in Quebec family law, particularly for uncontested separations. A notarial agreement is an authentic act; to be enforced like a court judgment it generally needs court approval (homologation).
  • QPP pension partition applications are made directly to Retraite Québec, it's a separate process from the court proceeding.
Official: Quebec Civil Code (CCQ-1991) ↗ · Family patrimony: Art. 414 to 426 CCQ · Partnership of acquests: Art. 448 to 484 CCQ · Retraite Québec pension partition: retraitequebec.gouv.qc.ca ↗
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California
Form FL-150, Income and Expense Declaration
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California uses Form FL-150 (Income and Expense Declaration) for financial disclosure in support proceedings. A separate form, the Schedule of Assets and Debts (FL-142) or the Property Declaration (FL-160), handles property. Both are required in dissolution proceedings. California is a community property state: community assets and debts acquired during the marriage are generally divided equally, with specific rules about tracing and commingling.

FL-150: Income and Expense Declaration
Income section
Average monthly income from all sources, employment, self-employment, rental, investment, government benefits, and other. Gross and net figures required. Last 2 years of tax returns and most recent 2 months of pay stubs required as attachments.
Expense section
Monthly expenses itemized, housing, food, clothing, transportation, medical, education, childcare, and other. Courts use this to set temporary and permanent spousal support, and to assess ability to pay child support.
FL-142, Schedule of Assets and Debts
All assets and debts, with characterization as community (marital), separate, or mixed. Date of acquisition matters, assets acquired before marriage or after separation are separate. Valuation methods depend on asset type: homes (appraisal), investments (account statements), vehicles (KBB or dealer quote), businesses (formal valuation).
California-specific notes
  • California's "date of separation" is legally significant, assets acquired after separation are separate property. The date can be contested and is determined by when one party communicated intent to end the marriage AND conducted themselves accordingly.
  • Community property rules extend to debt: community property can generally be reached for debts either spouse incurred during the marriage, even if only one signed.
  • Retirement accounts (401k, pension) earned during the marriage are community property. A QDRO (Qualified Domestic Relations Order) is required to divide them without triggering tax penalties.
  • Business interests: if a community property business was started during the marriage using community funds or labor, it may be partially or fully community property even if only one spouse owns it legally.
Official: CA Courts, Form FL-150 ↗ · Form FL-142 ↗ · California Family Code: leginfo.legislature.ca.gov ↗
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New York
Net Worth Statement (Unified Court System form), Supreme Court
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New York requires a sworn Net Worth Statement (the statewide Unified Court System form) in contested divorce proceedings involving support or equitable distribution (22 NYCRR 202.16). It is a long and detailed form, and New York courts can impose sanctions for incomplete or misleading statements. New York is an equitable distribution state: marital property is divided fairly, not necessarily equally.

What the form covers
Income
Gross and net income from all sources. Attach last 3 years of tax returns, W-2s and 1099s, and most recent pay stubs. Self-employed: attach 3 years of business returns and a current profit/loss statement.
Monthly budget
Monthly expenses in detail, housing, food, clothing, transportation, medical, education, entertainment, and other. More detailed than most state forms, and the detail matters: courts use this for temporary and final support orders.
Assets
All assets with current market value, real estate, bank accounts, brokerage accounts, retirement accounts (IRA, 401k, pension), business interests, vehicles, life insurance cash value, art/jewelry/collectibles, and other property. Characterize each as separate or marital.
Liabilities
All debts, mortgage, HELOC, credit cards, student loans, personal loans, business debt, tax obligations. Marital debt is relevant to equitable distribution.
Other information
Transfer of assets in the last 3 years, any pending litigation, business ownership details, life insurance policies, any amounts owed to you (receivables). New York courts are especially attentive to transfers made in anticipation of divorce proceedings.
New York-specific notes
  • The Net Worth Statement must be sworn under oath, false statements can constitute perjury. Courts take this seriously.
  • New York's Child Support Standards Act (CSSA) uses gross income. Above a combined parental income cap that is updated every two years ($193,000 from March 1, 2026, per the NY Courts), courts have discretion.
  • Separate property in New York includes assets owned before marriage and gifts/inheritances received during the marriage from third parties. The increase in value of separate property is also separate property, unless the other spouse contributed to that increase.
  • Since 2016, New York law says the enhanced earning capacity from a professional license or degree is not itself marital property, though a spouse's contributions to it can be considered in dividing property.
  • For enhanced earnings capacity or business valuations, a forensic accountant or business valuation expert is often involved. This is common in New York divorce proceedings.
Official: NY Courts Net Worth Statement ↗ · New York Domestic Relations Law: nysenate.gov ↗
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Florida
Form 12.902, Family Law Financial Affidavit
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Florida requires a sworn Financial Affidavit in every family law case involving support or property. There are two versions: Form 12.902(b) for parties earning less than $50,000/year (shorter form) and Form 12.902(c) for those earning $50,000 or more (longer form). These must be exchanged by both parties within 45 days of service of the petition. Florida is an equitable distribution state and significantly reformed its alimony law in 2023.

What the form covers
Income
All income sources, employment (gross and net), self-employment, rental income, retirement benefits, investment income, and other. Attach last 3 months of pay stubs and last 3 years of tax returns.
Monthly expenses (Part II)
Detailed monthly expenses, for yourself and for any children. Florida courts use this for both child support and alimony calculations. The 12.902(c) form is more granular and requires more itemization.
Assets (Part III)
All marital and non-marital assets. Real estate (fair market value minus debt), vehicles, bank and investment accounts, retirement accounts, life insurance, business interests, and other. Identify each as marital or non-marital.
Liabilities (Part IV)
All debts with current balances. Identify as marital or non-marital. Florida courts divide marital liabilities as part of equitable distribution.
Florida-specific notes
  • Florida eliminated permanent alimony in 2023. Bridge-the-gap, rehabilitative, and durational alimony remain. Durational alimony is generally capped at 50% of the length of a marriage under 10 years, 60% for 10 to 20 years and 75% for 20 years or more, and at 35% of the difference in the parties' net incomes (s. 61.08, Florida Statutes).
  • The 45-day automatic financial disclosure requirement is mandatory. Failure to comply can result in sanctions.
  • Retirement accounts require a QDRO to divide without tax penalty. Florida courts routinely order this in dissolution proceedings.
  • Florida's child support guidelines use net income, after federal, state, and local taxes, and mandatory deductions. This differs from many states that use gross income.
Official: Florida Courts, Family Law Forms ↗ · Florida Statutes Chapter 61: flsenate.gov ↗
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Don't see your jurisdiction? Every jurisdiction card above also links to official court form resources. For provinces and states not listed here with deep guides, including Saskatchewan, Manitoba, Nova Scotia, Texas, Illinois, and others, the jurisdiction cards in the main directory above include the relevant official form sources. FairWell's financial disclosure product walks you through the equivalent questions regardless of jurisdiction.

Common-law & unmarried couples · Canada & US

Common-law rights by jurisdiction.

The rules for unmarried couples vary dramatically by province and state. What protects you in BC may leave you exposed in Ontario, and most US states offer no automatic rights at all. Know where you stand.

Canada has no single national rule for common-law couples. Each province sets its own threshold for when cohabiting partners gain legal rights, and those thresholds are usually two to three years, while Quebec generally gives common-law partners few automatic rights. Property rights, spousal support, and child support are all treated differently depending on where you live.

Ontario

Common-law partners do not have automatic property equalization rights under the Family Law Act, that right belongs only to married spouses. After three years of continuous cohabitation, or in a relationship of some permanence if you have a child together, partners may claim spousal support (FLA s. 29). Property is divided only by what each person owns in their name, or by unjust enrichment claims through the courts.

Spousal support threshold: 3 years or child together

British Columbia

BC goes further than most provinces. After two years in a marriage-like relationship, common-law "spouses" generally receive the same property division rights as married couples under the Family Law Act. All family property acquired during the relationship is divided equally on separation. A cohabitation agreement is used to opt out of or modify those default rights.

Property rights threshold: generally 2 years (support can arise sooner with a child)

Alberta

Alberta uses the "Adult Interdependent Partner" (AIP) framework. Partners generally qualify after three years together, or sooner in a relationship of some permanence with a child. Since 2020 the Family Property Act also applies to AIPs, so property rules similar to those for married spouses can now apply. A written agreement lets you set your own arrangements, with specific formalities in Alberta.

Property and support threshold: generally 3 years, or sooner with a child

Quebec

Quebec is the outlier in Canada. Common-law partners ("conjoints de fait") generally receive very few automatic rights under Quebec civil law, however long they cohabit: no property sharing, no automatic spousal support and no family patrimony. Since mid-2025, a parental union regime can apply to some couples with a child born or adopted after it came into force. A written agreement, often notarial, is the usual way to set your own arrangements.

Very few automatic rights; check the parental union rules

Manitoba

Manitoba gives common-law partners significant rights. After three years of cohabitation, or if they register their relationship, partners generally have property rights similar to married spouses under The Family Property Act; support rights can arise sooner if you have a child together.

Property threshold: generally 3 years or registration

Saskatchewan

Common-law spouses who have cohabited for at least two years are generally treated similarly to married spouses for property under The Family Property Act; support rights can also arise if you have a child together.

Threshold: 2 years or child together

Nova Scotia

Common-law partners generally do not have automatic property division rights in Nova Scotia unless they register a domestic partnership. After two years of cohabitation, spousal support rights can arise. Property remains with whoever owns it unless a cohabitation agreement says otherwise.

Spousal support threshold: 2 years

New Brunswick

Common-law partners in New Brunswick have limited statutory rights. After cohabitation in a "conjugal relationship," spousal support may be claimed, but automatic property equalization does not apply. A cohabitation agreement is strongly recommended to define financial arrangements.

Spousal support: conjugal relationship recognized

PEI & Newfoundland

Both provinces provide some spousal support rights to common-law couples after a period of cohabitation, but neither extends automatic property division rights comparable to BC or Manitoba. A written cohabitation agreement is the usual way to set your own arrangements.

Spousal support available; no auto property rights

One rule that applies everywhere in Canada: Child support is owed regardless of relationship status. If you have children together, the child support guidelines where you live (the federal tables in most provinces; Quebec has its own model) apply to both married and unmarried parents. Cohabitation status does not affect child support obligations.

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Living together?
Know the rules where you live.

A cohabitation agreement is one of the clearest ways for an unmarried couple to set out what they intend. FairWell helps you organise the terms for one, for a family lawyer where you live to prepare and advise you on.

Start your assessment Cohabitation agreements