Estimate each married spouse net family property and the equalization payment under the Ontario Family Law Act.
How is the equalization payment calculated in Ontario? Each married spouse calculates their net family property (NFP): the value of property owned on the valuation date (usually the separation date), minus debts on that date, minus the net value of property owned on the date of marriage. A negative NFP counts as zero. The spouse with the higher NFP pays the other half the difference (Family Law Act s. 5(1)). The matrimonial home is special: if it is the matrimonial home at separation, its date-of-marriage value is not deducted, even if one spouse owned it before the wedding.
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Spouse A owns $500,000 of property on the valuation date and owes $100,000. On the date of marriage A had $50,000 of property and no debts. A’s NFP is $500,000 − $100,000 − $50,000 = $350,000.
Spouse B owns $150,000 and owes $20,000, and had $10,000 on the date of marriage. B’s NFP is $150,000 − $20,000 − $10,000 = $120,000.
The difference is $230,000, so Spouse A would pay Spouse B an equalization payment of $115,000.
Matrimonial home variation: if Spouse A had owned the house before the marriage, worth $400,000 then and $800,000 at separation, and it was the family home at separation, the full $800,000 is included and the $400,000 is not deducted.
Net family property is the value of everything a married spouse owns on the valuation date, minus debts on that date, minus the net value of property they owned on the date of marriage (other than a matrimonial home). Certain excluded property, such as third-party gifts and inheritances received during the marriage, is left out. It cannot be less than zero.
Each spouse calculates net family property. The spouse with the higher amount pays the other one-half of the difference, under section 5(1) of the Family Law Act. For example, with NFPs of $350,000 and $120,000, the payment is $115,000.
No, not if it is still the matrimonial home at separation. The Family Law Act excludes a matrimonial home from the date-of-marriage deduction, so the owner gets no credit for its pre-marriage value. This is one of the most important and surprising rules in Ontario property division.
No. Section 4(5) of the Family Law Act deems a negative net family property to be zero. A spouse with more debts than assets therefore has an NFP of zero, and the other spouse’s full NFP is used to calculate the difference.
No. Equalization of net family property under the Family Law Act applies only to married spouses. Common-law partners may have property claims based on trust or unjust enrichment principles, which are decided differently.
Related: Property and asset division, Divorce and separation, All Tailor Law calculators.
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This calculator provides general information about Ontario family law and an estimate based only on the figures you enter. It is not legal advice and does not create a lawyer-client relationship. Results can differ from what a court orders or what parties agree. Speak with a lawyer before relying on any figure.
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