Ontario Family Law Questions, Answered
Family law in Ontario can be complex. Below are answers to the questions clients ask most often. If you have a question that is not covered here, book a free consultation to discuss your situation.
How long does a divorce take in Ontario?
An uncontested divorce typically takes 4 to 6 months from filing to final order. Contested divorces involving disputes over support, parenting, or property can take a year or longer.
Do I have to go to court to get divorced?
Not necessarily. Many separations are resolved through negotiation or mediation, with court used only to formalize the agreement. Court becomes necessary when parties cannot agree on key issues or when urgent orders are required.
What is the difference between separation and divorce?
Separation occurs when spouses begin living apart with the intention of ending the relationship. Divorce is the legal dissolution of the marriage. In Ontario, parties typically separate first and apply for divorce after at least one year of living separate and apart.
How is child support calculated in Ontario?
Child support is calculated using the Federal Child Support Guidelines, which set amounts based on the paying parent's gross annual income and the number of children. Additional Section 7 expenses, like daycare and extracurriculars, are typically shared between parents in proportion to their incomes.
How is spousal support determined?
Spousal support is guided by the Spousal Support Advisory Guidelines, which provide ranges based on the length of the relationship, the incomes of both spouses, and whether children are involved. Unlike child support, spousal support is not always required.
What happens to custody of the children?
Ontario law no longer uses "custody." Instead, courts focus on "parenting time" and "decision making responsibility." Arrangements are based on the best interests of the child.
How is property divided after separation?
Married couples in Ontario divide property through the equalization of net family property under the Family Law Act. The spouse with greater growth in net worth during the marriage pays half the difference to the other. Common law couples do not have automatic equalization rights but may have other claims.
Who gets the matrimonial home?
The matrimonial home receives special treatment under the Family Law Act. Both spouses have equal right to possession regardless of whose name is on the title, and neither can sell or mortgage it without the other's consent until the matter is resolved.
Do I need a separation agreement?
A separation agreement is strongly recommended for any couple ending a relationship. It sets out how property, support, and parenting will be handled, avoids future disputes, and is enforceable by the court. Both parties should have independent legal advice before signing.
Can my spouse and I use the same lawyer?
No. A lawyer can only represent one party in a family law matter due to conflict of interest rules. Each spouse should have independent legal advice, particularly when signing a domestic contract or finalizing a settlement.
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Last updated June 2026.