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.
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.
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.
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.
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 is coming soon, but for now the free legal information is the whole service.
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 ahead of launching paid consultations — 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 once that launches, 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 [email protected].
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 is coming soon.
Free legal information. Not legal advice.