Divorce, Parenting Time or a Restraining Order in Ontario? Get a Free Answer.
Maybe you've just separated and don't know where you stand on the house, the kids or the bills. Maybe you're scared, and you want to know if a restraining order is even possible. Ontario family law runs on two different statutes at once — the federal Divorce Act and Ontario's own Family Law Act — and on quiet deadlines that can cost you a share of property if you wait too long. Call our free Canadian Legal Hotline line and you'll get free, plain-English legal information, in your language, from an AI assistant trained on the Divorce Act, the Family Law Act and the Children's Law Reform Act. Ask as many questions as you like. This is legal information, not legal advice — and there's no charge to call.
Free legal information. Not legal advice. Available 24/7 across Ontario.
Family Law in Ontario — what to do right now
Two things people in Ontario get wrong from day one. First: you do not need your spouse's agreement, and you do not need to prove anyone was 'at fault'. Under the federal Divorce Act the only ground for divorce is marriage breakdown, and the usual way to prove it is living separate and apart for one year (you can even live under the same roof and still be 'separated'). Second: there is a clock on dividing property. Under Ontario's Family Law Act a married spouse's equalization claim must be started before the earliest of two years after the divorce, six years after the date of separation, or six months after a spouse's death — miss it and you can lose the claim entirely. Parenting and support don't carry that same property deadline, but the sooner you understand your dates the more options you keep. Call our free line and you can get free legal information about exactly which rules and deadlines apply to you.
The law in Ontario: Family Law
Family law in Ontario is split across federal and provincial law, and which one applies depends on whether you were married and what you're asking for. The divorce itself — the legal end of a marriage — is federal, governed by the Divorce Act, which applies the same way right across Canada. The only ground for divorce is 'breakdown of the marriage', and in almost every case that is proven by living separate and apart for at least one year (the Act also allows adultery or cruelty, but those are rarely used because they require proof and don't speed anything up). You can be 'separated' while still living in the same home. You can file the application before the full year is up, but a court cannot grant the divorce until the one year of separation is complete. The Act even lets you try to reconcile: living together again for up to 90 days total to attempt reconciliation does not reset the one-year clock.Property is provincial. For married couples, Ontario's Family Law Act creates a right to 'equalization of net family property'. The idea is simple even if the arithmetic isn't: you each calculate your Net Family Property (broadly, the growth in your net worth between the date of marriage and the date of separation), and the spouse with the higher figure pays the other half of the difference. Some things are excluded — for example gifts and inheritances received during the marriage from someone else, and certain damages and life-insurance proceeds — but the matrimonial home gets special treatment: it cannot be excluded even if one spouse owned it before the marriage or inherited it, and both spouses have an equal right to live in it until the issue is resolved, regardless of whose name is on title. Crucially, equalization is a married-spouses regime: common-law (unmarried) partners in Ontario have no automatic right to equalization, though they may still bring other claims such as constructive trust or unjust enrichment.
Children are handled under the Divorce Act (if you're divorcing) or Ontario's Children's Law Reform Act (for unmarried parents, or married parents not seeking a divorce). Both were modernised on March 1, 2021: the old words 'custody' and 'access' are gone, replaced by 'decision-making responsibility' (the right to make major decisions about school, health and religion) and 'parenting time'. Every decision is governed by one test — the best interests of the child — and the law gives primary consideration to the child's physical, emotional and psychological safety. There is no presumption of equal time; the court looks at what actually serves the child. Child support follows the Federal Child Support Guidelines and their tables, which set a baseline amount from the payor's income and number of children, with special and extraordinary expenses (like childcare or orthodontics) shared on top. Spousal support is guided by the Spousal Support Advisory Guidelines, which (unlike child support) are advisory only — they suggest a range, not a fixed number. And under section 46 of the Family Law Act, a spouse or former partner who has reasonable grounds to fear for their safety can ask for a restraining order, sometimes urgently and without notice to the other side. All of this is general information; how it applies to your facts is a conversation for an Ontario lawyer.
Key Legislation (Federal + Ontario)
- Divorce Act (FEDERAL) — sole ground is marriage breakdown, usually proven by 1 year living separate and apart; uniform across Canada
- Family Law Act (Ontario) — equalization of net family property for married spouses; matrimonial-home rules; s. 46 restraining orders
- Children's Law Reform Act (Ontario) — parenting and decision-making for unmarried parents; same 'best interests' test
- Federal Child Support Guidelines — table amount set by payor income + number of children, plus shared special expenses
- Spousal Support Advisory Guidelines — ADVISORY ranges for amount and duration; not binding law
- Both the Divorce Act and CLRA were modernised on March 1, 2021: 'custody/access' replaced by 'decision-making responsibility' and 'parenting time'
Courts & Agencies
- Superior Court of Justice (and its Family Court branch in many locations) — the ONLY court that can grant a divorce or order equalization of property
- Ontario Court of Justice — hears parenting and support under provincial law, but cannot grant a divorce or divide property
- Family Court / Family Law Information Centre (FLIC) — free in-courthouse information and referrals in courthouses across Ontario
- Central Registry of Divorce Proceedings — issues the Clearance Certificate a court needs before granting a divorce (usually 4–6 weeks)
- Family Responsibility Office (FRO) — Ontario agency that collects and enforces child- and spousal-support orders
Deadlines & Key Rules
- 1 year living separate and apart before a divorce can be granted (Divorce Act); you may file earlier
- Up to 90 days of attempted reconciliation does not reset the one-year separation clock
- Equalization claim (Family Law Act s. 7): start before the EARLIEST of 2 years after divorce, 6 years after separation, or 6 months after death
- Matrimonial home cannot be excluded from equalization and both spouses have equal possession — even if one owned it before marriage
- Common-law partners have NO automatic equalization right (but may claim unjust enrichment / constructive trust)
The quiet six-year clock on property — and why 'separated' can start at the same roof
Here's what catches Ontario couples off guard. The divorce can wait, but the right to divide property does not wait forever. Under the Family Law Act, a married spouse must start an equalization claim before the earliest of two years after the divorce, six years after the date of separation, or six months after a spouse's death. People assume that as long as they're 'still sorting things out' the door stays open — and then the six-year mark passes and the claim is barred. The flip side surprises people too: you can be legally 'separated' while still living in the same house, sleeping in different rooms, with the one-year divorce clock already running. Knowing which date your own clock started — and which deadline is closest — is exactly the kind of thing you should pin down before it slips. Call our free Canadian line and you can get that free legal information, in plain English, in your language.
Likely outcomes & penalties
Family law outcomes in Ontario aren't punishments — they're financial and parenting exposures, and many of them run on formulas, tables and bright-line rules. Here's the realistic range of what's at stake.Mistakes to avoid
How it works
Free & low-cost Family Law help in Ontario
If you want to handle part of this yourself, or you can't afford a lawyer, Ontario has strong free resources — official government guides, plain-language self-help, a legal-aid program, a referral service for a free consultation, and clinics that specialise in family violence. Start with these.
FAQ — Family Law in Ontario
Do I need a reason to get a divorce in Ontario?
No. Under the federal Divorce Act the only ground is 'breakdown of the marriage', and the normal way to show that is living separate and apart for one year. You don't have to prove your spouse did anything wrong, and you don't need their consent — one person can get the divorce. Adultery and cruelty are technically available but rarely used, because they require proof and don't make anything faster. Call our free line and you can get free legal information on exactly how this applies to you.
Can I be 'separated' if we still live in the same house?
Yes. In Ontario you can be legally separated while living under the same roof — for example sleeping in separate rooms, running separate finances and no longer living as a couple. The one-year separation clock for a divorce can be running even though you haven't physically moved out, which matters because many people don't realise their clock has already started. The details can be fact-specific, so it's worth confirming where you stand.
How is property divided when a marriage ends in Ontario?
For married spouses, Ontario uses 'equalization of net family property' under the Family Law Act. Each spouse works out the growth in their net worth from the date of marriage to the date of separation, and the one with the larger figure pays the other half the difference. Some property is excluded, such as gifts and inheritances from others during the marriage, but the matrimonial home is always included and can't be excluded even if one spouse owned it first. Call our free line for legal information on how this works.
Is there a deadline to claim my share of property?
Yes, and it surprises people. Under the Family Law Act you must start an equalization claim before the earliest of two years after the divorce is granted, six years after the date of separation, or six months after a spouse's death. Miss it and you can lose the claim. A court can sometimes extend the deadline, but there's no guarantee — so it's important to know which date is closest to running out for you.
I'm common-law, not married — do I get half the property?
Not automatically. In Ontario, equalization of net family property is only for married spouses. Common-law partners don't get an automatic right to split property or to share in the home's value just because they lived together. You may still have claims — for example constructive trust or unjust enrichment if you contributed to property in the other partner's name — but those are different and fact-specific. It's worth getting clear information before assuming either way.
What happened to 'custody' and 'access'?
As of March 1, 2021, those words were replaced. Ontario and the Divorce Act now use 'decision-making responsibility' (the right to make major decisions about a child's schooling, health and religion) and 'parenting time' (the time a child spends in each parent's care). Every decision is based on one test: the best interests of the child, with primary consideration to the child's safety and well-being. There is no presumption of equal time — the court looks at what actually serves the child.
How much is child support in Ontario?
Child support follows the Federal Child Support Guidelines. There's a table amount based on the paying parent's income and the number of children, and on top of that, special or extraordinary expenses — childcare, significant medical or dental costs, certain activities — are shared between the parents in proportion to income. Support usually continues until 18, and can continue longer if the child is in full-time school or can't support themselves. A real number needs your actual figures, which the free line can help you understand.
How does spousal support work, and is it guaranteed?
Spousal support isn't automatic. Whether it's payable depends on factors like the length of the relationship, each person's income and roles, and whether there are children. When it is payable, the Spousal Support Advisory Guidelines suggest a range for both the amount and how long it lasts — but those guidelines are advisory, not binding law, so the final figure is negotiated or decided by a judge. Call our free line for legal information about how the guidelines might apply to you.
How do I get a restraining order in Ontario?
If you're a spouse, former spouse or former common-law partner and you have reasonable grounds to fear for your own safety or a child's, you can ask the court for a restraining order under section 46 of the Family Law Act. In urgent cases the court can sometimes hear it quickly and even without notice to the other person at first. Breaching a restraining order is a criminal offence and can lead to arrest. If you're in immediate danger, call 911 first.
Which court handles my family case — and how long does a divorce take?
Only the Superior Court of Justice (or its Family Court branch) can grant a divorce or order property division; the Ontario Court of Justice handles parenting and support but not divorce or property. Even a simple, agreed divorce takes time: the one year of separation must pass, and the court needs a Clearance Certificate from the federal Central Registry, which adds roughly four to six weeks. Contested cases take much longer. The free line can help you understand the steps and the realistic timeline for your situation.
Is this service free, and is it confidential — and what is it exactly?
Yes — the call is free, with no income test and no web form, and help is available in your language. Ask as many questions as you like. To be clear about what it is: Legal Hotline gives legal information, not legal advice, and the call creates no lawyer-client relationship — we're not a law firm and not legal aid. A paid consultation with an Ontario-licensed family law lawyer can be booked right on the call — and either way the free legal information is the whole service.
Ontario family lawyers: join our network
Are you an Ontario-licensed family law lawyer handling divorce, parenting, support, equalization or family-violence matters? Our free Canadian line is live and helping callers today, and we're building our Ontario network for our live paid-consultation service — so we can connect callers across the Greater Toronto Area, Ottawa, Hamilton, London, Windsor and beyond with vetted local counsel after they've spoken with our assistant. If you'd like to receive consultation-ready referrals in your region and practice area, join our network. This is a path for lawyers only — it does not change the free, no-obligation help we give callers.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at admin@platfirm.ai.
Sources & further reading
Know your dates before one of them passes.
Whether you've just separated, you're worried about your kids, or you need to understand your property rights, Ontario family law runs on quiet deadlines — a one-year separation, a six-year window to claim equalization, a separation date that decides who pays whom. The sooner you understand which clock is ticking for you, the more options you keep. Call our free Canadian Legal Hotline line and you'll get clear legal information about your situation, free, in your language, with no charge and no lawyer-client relationship — ask as many questions as you like. A paid consultation with an Ontario-licensed family law lawyer can be booked right on the call.
Free legal information. Not legal advice.