Dividing marital assets after separation or divorce is one of the most important and often contentious steps in ending a marriage. Going through a separation or divorce is already not easy. And on top of the emotional weight, you’re suddenly faced with the tough question. This includes who gets what? Or even how do we divide everything we own? From the family home to savings, pensions, and even personal belongings, dividing marital assets can feel confusing, stressful, and let’s be honest, can be pretty overwhelming.
At Tailor Law, we get it. Your case isn’t just about numbers on a spreadsheet. It’s about your security, your future, and in many cases, your peace of mind. Our team of family lawyers is here to walk you through the process step by step, making sure you understand your rights and helping you reach a fair outcome.
Quick Answer: How Are Marital Assets Divided in Ontario?
The Ontario law requires that most assets you and your spouse acquired during a marriage be divided equally when you separate or divorce. This usually includes things like the family home, bank accounts, investments, pensions, and vehicles. But there are exceptions. This includes gifts, inheritances, or certain personal settlements, which may not have to be split if they were kept separate.
At Tailor Law, we help you figure out what counts, what doesn’t, and how to protect what’s rightfully your
Service Overview: What Is the Division of Marital Assets?
Simply put, the division of marital assets is the process of identifying, valuing, and dividing everything you and your spouse built during your marriage. This includes both property and debts. This step is a major part of any divorce or separation in Ontario and is governed by the Family Law Act.
Why Asset Division Matters
- Ensures financial fairness for both spouses after separation
- Protects your share of the family’s wealth and future stability
- Reduces conflict by providing a clear legal framework for dividing property
How Division of Marital Assets Works in Ontario
- Equalization Principle: Each spouse is entitled to an equal share of the increase in family property during the marriage (the “net family property”).
- Included Assets: The matrimonial home, bank accounts, investments, pensions, vehicles, business interests, and other valuables.
- Excluded Assets: Gifts, inheritances, and personal injury settlements may be excluded if kept separate.
- Matrimonial Home: Special rules apply—its value is always shared, regardless of how it was acquired or in whose name it is registered.
- Financial Disclosure: Both spouses must provide full and honest disclosure of all assets and debts.
- Resolution: Most cases are settled through negotiation or mediation; litigation is used if agreement can’t be reached.
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Why Choose Tailor Law for Division of Marital Assets?
- 10+ Years of Experience in Ontario Family Law: We have helped hundreds of clients in Mississauga, Toronto, and the GTA resolve complex property division cases.
- Compassionate, Client-Focused Service: We listen to your concerns and tailor our approach to your unique goals and circumstances.
- Proven Results: Our lawyers have negotiated, mediated, and litigated asset division matters involving homes, businesses, pensions, and more.
- Comprehensive Support: From financial disclosure and valuation to negotiation, agreement, and enforcement, we guide you every step of the way.
- Multilingual Team: Serving the diverse communities of the GTA in multiple languages.
How We’re Different
| Feature | Tailor Law PC | Other Firms |
| Transparent Billing | ✔ Upfront, clear pricing | ✖ Hidden or unclear fees |
| Mediation & Litigation Expertise | ✔ Skilled in both | ✖ Often limited to one |
| 24/7 Consultations | ✔ Flexible, urgent support | ✖ Limited hours |
| Personalized Strategies | ✔ Tailored to your unique case | ✖ Generic, templated service |
| Multilingual Services | ✔ Languages for GTA communities | ✖ English only |
| Free Initial Consultation | ✔ No obligation, honest advice | ✖ Paid first meeting |
Our Process: How Tailor Law Handles Division of Marital Assets
- Free Consultation:
We review your situation, explain your rights, and outline the asset division process.
- Financial Disclosure:
We help you gather and exchange the necessary documents to identify all marital assets and debts.
- Asset Valuation & Strategy:
Our lawyers and financial experts accurately value complex assets, including real estate, businesses, and pensions, and provide strategic advice.
- Negotiation or Litigation:
We pursue a fair settlement through negotiation or mediation, and represent you in court if a resolution cannot be reached.
- Finalization & Enforcement:
We ensure your agreement or court order is enforceable and assist with implementation or future modifications.
Take the First Step – Protect Your Financial Interests
Don’t let uncertainty or conflict over marital assets jeopardize your financial future. Call (905) 366-0202 or book a confidential consultation online. Our team is available 24/7, and your first meeting is always free.
Reviews & Testimonials
“Tailor Law made the division of our assets straightforward and fair. Their expertise gave me confidence and peace of mind.”
— L.S., Mississauga
“I was concerned about my business and pension, but Tailor Law protected my interests and negotiated a fair settlement.”
— J.P., Toronto
“Thanks to Tailor Law, I received my fair share and could move forward after my divorce.”
— M.R., Brampton
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Frequently Asked Questions About Division of Marital Assets in Ontario
1. What assets are included in marital property?
All property acquired by either spouse during the marriage, including the matrimonial home, bank accounts, investments, vehicles, and business interests.
2. Are there any assets that are excluded?
Yes. Gifts, inheritances, and personal injury settlements may be excluded if kept separate from family property.
3. How is the matrimonial home divided?
The full value of the matrimonial home is shared equally, regardless of whose name is on the title or how it was acquired.
4. What if my spouse is hiding assets?
Full financial disclosure is mandatory. Tailor Law can help uncover hidden assets using legal tools and, if needed, forensic accountants.
5. Do common-law couples have the same rights to asset division?
No. Common-law partners do not have automatic property division rights but may have claims based on contributions or agreements.
6. How are pensions and businesses valued?
We work with valuation experts to ensure complex assets are accurately assessed and fairly divided.
7. Can we reach an agreement without going to court?
Yes, most cases are resolved through negotiation or mediation. Court is only necessary if agreement isn’t possible.
8. What are the legal fees?
Fees depend on the complexity of your case. Tailor Law offers transparent, upfront pricing and payment plans. Your first consultation is free.
9. How long does asset division take?
Simple cases can be resolved in a few months; complex matters may take longer, especially if litigation is required.
10. What if we have a marriage contract or prenup?
A valid marriage contract or prenuptial agreement can set out different terms for asset division. We review and enforce these agreements as part of your case.
Lawyer Bio: Deepa Tailor
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Deepa Tailor, H.BSc, J.D.
Managing Lawyer, Tailor Law Professional Corporation
Deepa Tailor holds an H.BSc and J.D., and has over a decade of experience helping clients resolve complex marital asset division matters. A graduate of the University of Windsor Faculty of Law and a member of the Law Society of Ontario, Deepa is known for her strategic, client-focused approach and commitment to fair outcomes.
This content was legally reviewed by Deepa Tailor, Managing Lawyer at Tailor Law PC.
Take Action Now – Secure Your Share of Marital Assets
Don’t leave your financial future to chance. Call (905) 366-0202 or book your free consultation online now. Our experienced family law team is ready to help—24/7.
