Canada · Province guide
Separation and divorce inOntario.
Family law is provincial. Here is how it works in Ontario: the property rules, support, how to file, what it costs, who enforces it, and every FairWell guide and tool set up for Ontario.
Official source: www.ontario.ca · Court forms: ontariocourtforms.on.ca · Fees: official fee schedule · Legislation: statute
Property division
Equalization of net family property under the Family Law Act. Each spouse calculates net worth at the valuation date (separation) minus net worth at marriage; the spouse with the higher figure pays half the difference. The matrimonial home is treated specially: its full value is included regardless of who owned it before marriage. Common-law partners have no statutory property sharing and rely on trust claims.
Child and spousal support
Federal Child Support Guidelines apply to married parents; the Ontario Child Support Guidelines mirror them for unmarried parents. Ontario runs an online Child Support Service that can set or update table amounts without court. Divorce is federal under the Divorce Act: one year living separate and apart (or adultery or cruelty). Child support for divorcing parents follows the Federal Child Support Guidelines; spousal support is guided by the Spousal Support Advisory Guidelines.
Filing for divorce
Court: Superior Court of Justice (Family Court branch where available) and Ontario Court of JusticeA simple or joint divorce application uses Form 8A, filed in the Superior Court of Justice. Court fees under O. Reg. 417/95 are $214 on filing the application and $445 when it is placed on the list for hearing, plus the $10 federal Central Registry fee: $669 in total (ontario.ca, updated April 2026). There are no filing fees in the Ontario Court of Justice, which cannot grant divorces. Fee waivers are available. Filing is online through Justice Services Online (outside Toronto) or the Ontario Courts Public Portal (Toronto).
Pensions
Pension division follows the Pension Benefits Act process: the plan administrator provides a Family Law Value on request, and up to 50 percent can be transferred.
Deadlines
Equalization claims must be brought within six years of separation or two years of divorce, whichever is first. Common-law limitation is generally two years from separation for trust claims.
Enforcement and legal aid
Support is enforced by the Family Responsibility Office (FRO). Support orders and filed agreements can be registered with the provincial maintenance enforcement program, which collects through wage garnishment, licence suspension and federal interception. Legal aid: Legal Aid Ontario.
Read next
Guides for Ontario
Filing for an uncontested divorce in Canada
GuideWhat divorce costs in Canada
GuideChild support in Canada
GuideSpousal Support Advisory Guidelines explained
GuideProperty division across Canada
GuidePensions and CPP credit splitting
GuideSeparation and Canadian taxes
GuideIndependent legal advice
GuideCommon-law separation guide
GuideYour separation date controls everything
GuideHidden assets: warning signs
GuideJoint debt at separation
GuideWhen your ex won't pay
GuideSeparating when there is abuse
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Separation agreements, parenting plans and financial disclosure structured to Ontario's requirements and linked to the legislation above, then reviewed by a local family lawyer.
Sources and further reading
This page is legal information, not legal advice. It summarises how the process works in Ontario so you can plan; the official sources above are where current fees, forms and deadlines live, and they are the final word if anything here differs. When you're ready, the assessment and the documents are built for Ontario and reviewed by a local lawyer before you sign.