Divorce & Family Law Glossary of Terms

A financial payment made by the spouse with the higher net family property to the other spouse to ensure a fair division of assets after separation.

Assets that are not subject to division between spouses after separation. Examples of commonly excluded property in Ontario include inheritances and gifts from third parties received during the marriage, which are in the spouse’s name on the date of marriage  (unless commingled).

The home that was used as the family’s ordinary residence on the date of separation in which at least one of the spouses has an interest. Post-separation, both spouses have equal possession rights to the matrimonial home, regardless of which spouse is named on the property’s title.  There can be more than one matrimonial home.

Net family property is defined under the Family Law Act of Ontario.  Put simply, the total value of a spouse’s assets acquired during the marriage, minus liabilities, date of marriage values, and excluded property.

The official date of separation is used to determine the value of assets for each spouse’s net family property and equalization purposes after separation.

A couple who has continuously lived together for at least three years or has a child together in a relationship of some permanence.

Spousal support is awarded to compensate one spouse for career sacrifices or lost economic opportunities due to the roles taken in the marriage or childcare responsibilities.

Spousal support is awarded based on financial need rather than career sacrifices or economic disadvantage.

Financial payments made by one spouse to the other after separation or divorce to help with financial stability. “Alimony” is terminology not found in Canadian legislation although spousal support it is often referred to colloquially as “alimony”.

A set of non-binding guidelines used by courts and lawyers as a starting point to determine the amount and duration of spousal support.