Property division is complex.
Pension valuations, business interests, excluded property tracing, and unequal division claims all require legal analysis.
Based on Ontario's Family Law Act, R.S.O. 1990, c. F.3, ss. 4–5. NFP is approximate — pension valuations, business interests, and excluded property tracing require professional appraisal. This tool does not account for unequal division claims under s.5(6) FLA.
How this works — NFP Equalization formula
The Formula (Family Law Act ss. 4–5)
− (Net assets at date of marriage, excluding matrimonial home)
− (Excluded property)
Equalization Payment = (Higher NFP − Lower NFP) ÷ 2
If NFP calculates to a negative number, it is treated as $0. The equalization payment cannot exceed the payor's own NFP.
The Matrimonial Home Exception
Even if a spouse owned the matrimonial home before marriage, its pre-marriage value cannot be deducted. The home's full value at separation — including any pre-marriage appreciation — is included in NFP and shared equally.
Excluded Property (s.4(2) FLA)
| Type | Notes |
|---|---|
| Inheritance / gifts from third parties | Value at time received; growth on the asset is included in NFP |
| Personal injury — pain & suffering | Lost income portion is NOT excluded |
| Life insurance proceeds | Lump sum received during marriage |
| Property under a domestic contract | Must be expressly excluded by the agreement |
Excluded property that was converted into the matrimonial home loses its excluded status.
Valuation Date
Generally the date the spouses separated with no reasonable prospect of resuming cohabitation (s.4(1) FLA).
How this works — Ontario limitation periods
Limitations Act, 2002 — General Rule
Most civil claims must be started within 2 years from the date the person discovered the claim (knew, or ought to have known, that a claim existed). There is also an ultimate 15-year limitation that runs regardless of discovery.
When Does the Clock Start?
Discovery occurs when you first knew (or a reasonable person should have known): (1) that the injury or loss occurred; (2) that it was caused by the defendant's act or omission; and (3) that a legal proceeding would be an appropriate remedy.
Family Law Act — Specific Periods
| Claim | Period | Runs From |
|---|---|---|
| NFP Equalization | Earlier of 6 yrs (sep.) or 2 yrs (divorce) | Date of separation or divorce |
| Support arrears | 2 years per payment | Date each payment was missed |
| Setting aside domestic contract | 2 years | Date of discovery of grounds |
| Initial support application | No limitation period | — |
Personal Injury
Generally 2 years from discovery. Special rules apply for minors (clock does not run until age 18) and persons under disability.
Warning
Missing a limitation period typically results in the claim being permanently barred. Courts have very limited discretion to extend. If your deadline is approaching, consult a lawyer immediately.