Separation Agreements in Ontario

1. 1

   Property Division

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   Equalization of Net Family Property (NFP). Each spouse calculates their NFP (assets minus debts at date of separation, minus assets brought into marriage). The spouse with the higher NFP pays the other half the difference.

   What can be excluded

   Excluded property: gifts and inheritances received during the marriage, personal injury damages, insurance proceeds (not for loss of income), property owned before marriage (less debts). The matrimonial home is treated differently; it has no exclusion regardless of when acquired.

   Spouses can contract out of the equalization regime via a valid separation agreement.

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2. 2

   Spousal Support

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   Length of marriage, roles during marriage (career sacrifice, childcare), economic disadvantage, ability to become self-sufficient. Courts use the Spousal Support Advisory Guidelines (SSAGs); these are guidelines, not legislation.

   Duration: Roughly 0.5–1 year of support per year of marriage for marriages under 20 years. Indefinite support possible for long marriages or where spouse cannot become self-sufficient.

   Spousal support can be waived by agreement if both parties consent with legal advice.

   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.

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3. 3

   Child Support

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   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. Amount based on payor's income and number of children. Both parents have a legal obligation; cannot be waived. Special expenses (childcare, medical, extracurricular) are shared in proportion to income.

   → Calculate child support using the federal online tool↑ Close this section
4. 4

   Parenting Arrangements

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   Terminology in Ontario

   Since 2021 under the federal Divorce Act: "decision-making responsibility" (formerly custody) and "parenting time" (formerly access). Ontario courts use both sets of terms depending on whether divorce is involved.

   The child's best interests are paramount. Both parents typically retain decision-making responsibility for major decisions (education, health, religion) unless one is clearly unsuitable.

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5. 5

   Signing Requirements

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   Witnesses

   Each spouse's signature must be witnessed by a separate witness. The witness must be present when the spouse signs. Witnesses cannot be the other spouse.

   Independent Legal Advice

   Strongly recommended. Courts may set aside agreements made without ILA if a party claims they did not understand what they were signing. An ILA certificate is not legally required in Ontario but greatly strengthens enforceability.

   Court Filing

   A separation agreement does not need to be filed with the court to be valid in Ontario. However, if you want to enforce child support through the Family Responsibility Office (FRO), the agreement must be filed with the court.

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6. 6

   Steps to Complete Your Agreement

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   1. 1
      Prepare a complete list of all assets and debts (Financial Disclosure).
   2. 2
      Exchange financial disclosure with your spouse; both parties must have full information.
   3. 3
      Agree on division of property, support, parenting, and any other issues.
   4. 4
      Draft the agreement (ideally with lawyers, or with a template and then ILA review).
   5. 5
      Each party signs the agreement before a witness.
   6. 6
      Each party should ideally have their own lawyer review the agreement before signing (ILA).
   7. 7
      Keep signed copies. File with court only if you want FRO enforcement of child support.

   Critical points for Ontario

   • !Child support cannot be waived or set below the Federal Guidelines amount.
   • !A matrimonial home requires special treatment; see a lawyer if the home is involved.
   • !Agreements signed under duress, without disclosure, or without understanding can be set aside by courts.
   • !This template is a starting point; a family lawyer should review before you sign.
   • !Pension division requires separate steps: Pension assets are NOT automatically split by a separation agreement. Each pension plan (employer, OMERS, HOOPP, federal public service, etc.) has specific forms and procedures. A domestic contract must specifically address pensions and each plan administrator must receive the appropriate documentation. Consult a family lawyer about pension rollover (T2220 form for RRSPs/pension plans).

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7. 7

   Federal Mechanics: What a Separation Agreement Can't Do On Its Own

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   RRSP / RRIF transfers: Form T2220

   A separation agreement authorizes an RRSP or RRIF transfer, but it does not move the funds. Your financial institution needs a completed T2220 (Transfer from an RRSP, RRIF, PRPP or SPP on Breakdown of Marriage or Common-law Partnership) to process the transfer tax-free. Without T2220, the transfer triggers tax. File the form with your financial institution after your agreement is signed.

   T2220: canada.ca →

   Getting divorced vs. separating

   A separation agreement does not end your marriage. To legally divorce, file a divorce application at your province's superior or supreme court under the federal Divorce Act. The main ground is living separate and apart for one year. Uncontested divorces can often be done without a lawyer. You can have a separation agreement and remain legally married, or divorce later after the agreement is in place.

   Federal Divorce Act guidance: justice.gc.ca →

   Pensions beyond RRSPs

   Defined-benefit pensions, LIRAs (Locked-In Retirement Accounts), and other pension assets each require their own plan-specific transfer forms, not just the separation agreement. CPP contributions made during the relationship can be equalized through a CPP credit split applied for through Service Canada. Confirm with each pension administrator what forms are needed.

   Independent Legal Advice (ILA): affordable options

   Both parties should get ILA before signing. This does not have to mean a full retainer. More affordable options include:

   • Legal aid: available to income-qualified individuals in every province. Contact your provincial legal aid plan.
   • Law society referral services: most provincial law societies offer a free or low-cost initial consultation (often 30 minutes). Check your law society's website.
   • Unbundled legal services: a lawyer who reviews your draft agreement and advises you for a flat fee, without full representation. Ask specifically for "limited scope retainer" or "unbundled services."

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Informational guide only. Guidepost is not a law firm. This guide explains the typical process and is not legal advice. Requirements can change. Verify current rules with the relevant government authority or a qualified professional before you act.