FAQs Property Division, Sharing & The Matrimonial Home

What happens if I don’t agree with my spouse on our date of separation for property division?

A parties “net family property” is determined based on property owned at the date of separation and property owned on the date of marriage. Since the date of marriage is constant, this means that the date of separation can be crucial in a high net worth divorce.

If both spouses cannot agree on a date then a judge will determine the date of separation (the day on which there was no reasonable prospect of reconciliation) based on the facts of the case.

Both spouses do not have to want to separate for there to be no reasonable prospect of reconciliation. The date of separation will be determined by the judge based on the evidence proving that on the day in question, at least one spouse no longer believed that there was any reasonable prospect of reconciliation

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.