Plain-language summaries of separation, divorce, and family law, by jurisdiction. General information only, not legal advice. All key points are cited from official government sources.
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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.
Form 13.1 is Ontario's primary financial disclosure document for cases involving both property division and support claims. It's a 14-page court form filed 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.
British Columbia uses Form F8 under the BC Supreme Court Family Rules for financial disclosure in family proceedings. It is required in virtually all cases involving support, property division, or both. 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.
Alberta uses Form FL-10 under the Alberta Rules of Court (Schedule 2) for financial disclosure in family matters. It's required in proceedings under the Divorce Act and the Matrimonial Property Act. Alberta's property division is governed by the Matrimonial Property Act (MPA), courts divide marital property (property acquired during the marriage) equitably, with a starting presumption of equal division that courts can deviate from based on statutory criteria.
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.
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, all assets and debts acquired during the marriage are divided equally (50/50), with specific rules about tracing and commingling.
New York requires a sworn Statement of Net Worth (usually Form UD-8 or UCS-111 depending on the court) in all contested divorce proceedings involving support or equitable distribution. It's one of the most detailed financial disclosure forms in North America: New York courts take incomplete or misleading net worth statements seriously, and sanctions are available for non-compliance. New York is an equitable distribution state: marital property is divided fairly, not necessarily equally.
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.
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.
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 vary from zero (Quebec) to three years (Alberta, Manitoba). Property rights, spousal support, and child support are all treated differently depending on where you live.
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 cohabitation, or at any point if you have a child together, partners may claim spousal support. 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 togetherBC goes furthest in Canada. After two years of cohabitation or if you have a child together, common-law "spouses" 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.
Full property rights threshold: 2 years or child togetherAlberta uses the "Adult Interdependent Partner" (AIP) framework. After three years of cohabitation, or at any point with a child together, partners have limited spousal support rights. Alberta does not automatically grant equal property division, property stays with whoever owns it. A cohabitation agreement is essential to define how shared property will be treated.
Support rights threshold: 3 years or child togetherQuebec is the outlier in Canada. Common-law partners ("conjoints de fait") receive virtually no automatic rights under Quebec civil law, regardless of how long they cohabit or whether they have children. No property sharing, no automatic spousal support, no family patrimony rules. A notarial cohabitation agreement is essentially mandatory if either partner wants any protection.
No automatic rights, agreement is criticalManitoba provides broad rights to common-law partners. After three years of cohabitation or if you have a child together, partners share the same property and spousal support rights as married spouses under the Family Property Act. One of the more protective provinces for unmarried couples.
Full rights threshold: 3 years or child togetherCommon-law spouses who have cohabited for two years, or who have a child together, are treated similarly to married spouses for property and support purposes under the Family Property Act. Protection kicks in relatively early compared to other provinces.
Threshold: 2 years or child togetherCommon-law partners do not have automatic property division rights in Nova Scotia. However, after two years of cohabitation, spousal support rights arise. Property remains with whoever owns it unless a cohabitation agreement says otherwise.
Spousal support threshold: 2 yearsCommon-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 recognizedBoth 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. Cohabitation agreements are the safest approach to defining rights and obligations.
Spousal support available; no auto property rightsOne rule that applies everywhere in Canada: Child support is owed regardless of relationship status. If you have children together, the Federal Child Support Guidelines apply to both married and unmarried parents. Cohabitation status does not affect child support obligations.
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A cohabitation agreement is the single most effective thing an unmarried couple can do to protect themselves. FairWell builds one specific to your province or state, reviewed by a family lawyer before it's final.