How is property divided in a separation in Nova Scotia?

Matrimonial assets are divided equally. Matrimonial assets include all property owned by either spouse. Exclusions: Business assets, gifts, inheritances may be excluded. Pre-marital property may be excluded.

Can a separation agreement be changed later?

Yes. Agreements can be varied by mutual consent at any time. Courts can also vary child support and spousal support if there has been a material change in circumstances. Property division is generally final once agreed.

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Separation Agreement

Separation Agreements in Nova Scotia

Q: Can child support be waived in a separation agreement?

No. Both parents have a legal obligation to support their children. No separation agreement can eliminate this obligation. Child support below the Federal Guidelines amount is not binding.

Governing legislation: Matrimonial Property Act, R.S.N.S. 1989

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Property Division

Matrimonial assets are divided equally. Matrimonial assets include all property owned by either spouse.

What can be excluded

Business assets, gifts, inheritances may be excluded. Pre-marital property may be excluded.

Court can order unequal division in some circumstances.

Spousal Support

Economic need and disadvantage, length of marriage. SSAGs used.

Duration: Negotiated.

The federal Spousal Support Advisory Guidelines (SSAGs) are used as a reference across Canada for calculating support amounts and duration. They are not legislation — but courts and lawyers treat them as a strong starting point.

Child Support

Child support cannot be waived

Both parents have a legal obligation to support their children. No separation agreement can eliminate this obligation. An agreement that sets child support below the Federal Guidelines amount is not binding.

Federal Child Support Guidelines apply.

→ Calculate child support using the federal online tool

Parenting Arrangements

Terminology in Nova Scotia

Parenting arrangements. Federal Divorce Act terminology applies.

Best interests of child.

Signing Requirements

Witnesses

Must be witnessed.

Independent Legal Advice

Strongly recommended.

Court Filing

File with Supreme Court for enforcement.

Steps to Complete Your Agreement

1
Disclose assets.
2
Negotiate.
3
Draft.
4
Sign with witnesses.
5
Seek ILA.

Critical points for Nova Scotia

!Child support cannot be waived.
!Full disclosure required.

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Official sources

Last updated: June 2026

Guidepost is not a law firm. Family law is complex and fact-specific — this guide is for general informational purposes only and is not legal advice. Consult a family lawyer before signing any separation agreement. Full disclaimer.