Separation and divorce inOntario.

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

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. Online filing is available; the official Ontario pages explain which online service applies to each court location.

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. Limitation periods for common-law trust claims depend on the claim; check the official source.

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.

How is property divided in an Ontario divorce?

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.

How do I file for divorce in Ontario?

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. Online filing is available; the official Ontario pages explain which online service applies to each court location. File in the Superior Court of Justice (Family Court branch where available) and Ontario Court of Justice.

When does child support end in Ontario?

Child support usually continues until the child reaches the age of majority, which is 18 in Ontario. Under the Divorce Act it can continue past that age if the child cannot become independent because of illness, disability or another cause, and courts often treat reasonable full-time post-secondary studies as such a cause.

Check the official source

What happens to property when unmarried couples separate in Ontario?

In Ontario, common-law couples are not legally required to split property acquired while they lived together; the equalization rules apply only to married spouses. Common-law partners can set out how property will be handled in a cohabitation agreement.

Check the official source

How long do you need to live in Ontario to file for divorce?

Under the Divorce Act, you or your spouse must have been habitually resident in Ontario for at least one year before starting the divorce. Divorces are heard by the Superior Court of Justice, through its Family Court branch where one exists.

Check the official source