Property Division - Married Spouses

Division of property between married spouses has been governed by provincial legislation going back to 1978. After the inception of legislated property rights solely for married spouses for the next 40 years the Matrimonial Property Act governed property division.

On January 1, 2020, the Family Property Act was then enacted so that property division between married and unmarried partners referred to as "adult interdependent partners" is now governed by the same provincial legislation.     It should be noted that the Matrimonial Property Act does still apply for those married spouses who separated prior to January 1, 2020.

There are specific provisions in the Family Property Act that differ from that of the Matrimonial Property Act, so it is important that individuals understand this if they were previously aware of the rights and obligations under the Matrimonial Property Act.   

The Family Property Act has specifically set out the inclusion of years where couples have lived together in a relationship of interdependence prior to years of marriage, which can in turn be part of the total years for property division.      It is important that individuals understand the impacts of these years of pre-marriage cohabitation at out outset of their separation.    Otherwise you may not be fully informed of your entitlements. 

Further, Individuals need to understand that each province has foundational differences in their provincial property division regulation. For example, the date of separation in Alberta does not equate to crystallization and valuation of assets and debts such as which occurs in other provinces.   The valuation of assets and rules around property division as a standard practice extends far beyond a separation date to the shock of many individuals when separating.   

Individuals should be aware of the impact that different assets and debts can have.  The treatment of these assets and debts and the value over time can greatly change impacting the careful analysis of property division. 

Finally, the location of assets and debts may greatly impact entitlement to property and the enforceability of property division for parties. 

When factoring in the above, it is essential that individuals obtain timely legal information and advice when assessing property division rights and entitlements.  Kindly contact our office to speak to an experienced family lawyer who has negotiated detailed property division between separating spouses.  For a free consultation kindly call our office at 1-866-278-4187, or email info@familycentrallaw.com, or click on our consultation page. 

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