FAQs Property Division, Sharing & The Matrimonial Home

Should I just pay my spouse half of everything in my divorce?

As with many things in family law the answer is – it depends. If your goal is to receive a quick amicable divorce then splitting everything equally might very well be your best bet. However, if your goal is to enforce your rights according to the law, or to come out of the relationship with as much property as possible, then you may want to hire a lawyer and take a more measured approach to your divorce.

Although most wealth that is accumulated during a marriage is by law split equally on the date of separation that does not mean that all or even the majority of wealth owned by the parties will be split equally. There is a process at work called the equalization of net family property in which it is decided if based on property owned at the beginning and property owned at the end of a marriage whether one of the parties is entitled to a transfer of property or cash payment. This system focuses heavily on the exact dates that marriage begins and ends

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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.