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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 Justice

A 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.

Worth knowing. Ontario has the most developed self-help infrastructure in Canada: the Mandatory Information Program, duty counsel, Family Law Information Centres and licensed paralegals who can help with some family matters.

Ontario

Documents built for Ontario

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.

See pricingFind a Ontario professional

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.