What changed in 2021 — and why the language matters
Since March 1, 2021 the language of "custody" and "access" is gone from federal and Ontario statutes. The two concepts are now functionally separated. "Decision-making responsibility" is the authority to make significant decisions about a child's life — health care, education, religion or spirituality, and significant extra-curricular activities. It can be allocated jointly, solely to one parent, or split by category. "Parenting time" is the time a child is in each parent's care. During parenting time, the parent makes day-to-day decisions (meals, bedtime, routine activities) regardless of who has decision-making responsibility.
The terminology shift was not cosmetic — it reflects a deliberate move away from the win/lose framing of "custody battles" and toward a child-focused allocation of specific responsibilities. Courts now apply an enumerated list of best-interests factors under s. 16(3) of the Divorce Act and s. 24 of the CLRA, with the child's safety, security and well-being as the primary consideration.
Equalization of net family property in plain language
Ontario uses a deferred community-of-property model for legally married spouses. The Family Law Act does not divide assets in kind; it equalizes the increase in net worth each spouse experienced during the marriage by means of a single cash payment.
The math, for each spouse: take the value of all property owned on the valuation date (usually separation), subtract debts on that date, subtract the net value of property owned on the date of marriage (after deducting marriage-date debts), and subtract excluded property (gifts and inheritances received during the marriage from third parties and kept separate, certain damages awards, traceable insurance proceeds). The result is each spouse's Net Family Property. The spouse with the higher NFP pays the other half the difference. That payment is the equalization payment.
Critical Ontario-specific points: the matrimonial home is treated specially — even if one spouse owned it before marriage, its full value on the valuation date counts in their NFP. Equalization is available only to legally married spouses; common-law partners must rely on trust claims (resulting trust, constructive trust based on unjust enrichment) under the Kerr v. Baranow framework. The application must be brought within 6 years of separation or 2 years of divorce, whichever is earlier.
Support, the FRO, and the 2025 table update
Child support is calculated under the Federal Child Support Guidelines (adopted by Ontario): the base table amount comes from the paying parent's gross annual income and the number of children, looked up in the Ontario table. Updated tables took effect October 1, 2025; notably, parents earning at or below approximately $16,000 gross annually now have a $0 base table amount. Section 7 expenses (daycare, post-secondary tuition, extraordinary medical or extracurricular costs) are typically shared in proportion to each parent's income on top of the table amount.
Spousal support uses the Spousal Support Advisory Guidelines (the 2008 SSAGs supplemented by the 2016 Revised User's Guide). The SSAGs are not binding but are routinely applied to give a range; the actual amount and duration are negotiated within that range or determined by the court.
The Family Responsibility Office is the Ontario government agency that automatically receives every court-ordered support order (and registered domestic contracts) and administers collection. FRO can garnish wages, pensions, EI, CPP, bank accounts, and federal payments (income tax refunds, GST credits); report arrears to credit bureaus; suspend a driver's licence and federal passport; register liens; and bring contempt proceedings. Driver's licence suspension is the single most effective enforcement tool in practice.
What we do
- Separation agreements (negotiated comprehensive contracts covering parenting, support, and property)
- Divorce applications (uncontested and contested)
- Parenting plans, decision-making allocation, and relocation matters (with Hague Convention work where required)
- Child support and spousal support: calculation, variation, retroactive claims, and imputation of income
- Equalization of net family property (valuation, exclusions, unequal-division claims under FLA s. 5(6))
- Marriage contracts and cohabitation agreements (with mandatory ILA)
- Trust claims for common-law partners (resulting trust, constructive trust under unjust enrichment)
- Family arbitration and mediation (drafted compliant with FLA s. 59.4–59.9)
- FRO enforcement, default proceedings, and variation
- Family-side estates work (dependant support claims under SLRA s. 58 where they intersect)
Frequently asked
We've separated but I don't want a divorce yet. Do I need a separation agreement?
Almost always, yes. A separation agreement is a binding domestic contract that resolves parenting, support, and property now, regardless of whether you ever file for divorce. Without one, support obligations and parenting arrangements rest on informal understandings that can be unilaterally changed and that severely complicate any later proceeding. Equalization claims also have a 6-year limitation from separation — waiting can extinguish your rights.
How is child support calculated in Ontario?
Under the Federal Child Support Guidelines (adopted by Ontario), the base amount is determined by the paying parent's gross annual income and the number of children, looked up in the Ontario table. Updated tables took effect October 1, 2025. Section 7 expenses (daycare, tuition, extraordinary medical or extracurricular costs) are typically shared in proportion to each parent's income on top of the table amount. Where parenting time is "shared" — each parent has the child at least 40% of the time — section 9 applies a more complex set-off and contextual analysis.
What's the difference between parenting time and decision-making responsibility?
Parenting time is the schedule — when the child is with each parent. Decision-making responsibility is the authority to make significant decisions about health, education, religion, and major activities. They are allocated separately. A parent can have substantial parenting time without sole or joint decision-making, and vice versa. Day-to-day decisions during parenting time always rest with the parent who has the child.
How does equalization work — am I splitting all our assets 50/50?
No. Ontario does not divide assets in kind — it equalizes the increase in net worth over the marriage. Each spouse calculates Net Family Property: assets at separation, minus debts at separation, minus net assets brought into the marriage, minus excluded property (gifts and inheritances kept separate). The spouse with the higher NFP pays half the difference to the other as a lump sum. The matrimonial home counts in full on the separation date even if you owned it before marriage. Common-law partners are not entitled to equalization at all and must pursue trust claims instead.
We already signed a marriage contract — can it be set aside?
It can, on three primary grounds under FLA s. 56(4): failure to disclose significant assets or liabilities at signing; one party did not understand the nature or consequences of the contract; or general contract law grounds (duress, undue influence, unconscionability). Independent legal advice for both parties materially reduces the risk of a successful challenge but does not eliminate it. Provisions affecting children's support or unilaterally restricting children's rights are unenforceable regardless.
My ex isn't paying support. What can FRO actually do?
A lot, and it will use it — but slowly. FRO can garnish wages, bank accounts, EI/CPP, federal tax refunds and GST credits; suspend a driver's licence and federal passport; report to credit bureaus; register liens; and bring contempt motions. Driver's licence suspension is the single most effective enforcement tool in practice. Realistic timeline: file setup is typically 4–8 weeks before active enforcement begins. If FRO is moving too slowly on a clear default, applying to vary or for default proceedings yourself can be worth the cost.
How long does an uncontested divorce take in Ontario?
A simple uncontested divorce typically takes 4–8 months end-to-end, depending on the court location and current backlogs. The mandatory minimum is one year of separation before the divorce can be granted (with limited exceptions for adultery and cruelty, which are rarely pleaded). Court filing fees total $669, and lawyer-assisted uncontested divorces commonly run $1,000–$2,500 in legal fees on top of disbursements.