FAQs: Asset Division and Support

Property division in Canada is governed by provincial family law, and the rules vary by province. In most provinces, the starting point is an equal division of the family property accumulated during the marriage — the equalization of net family property. Fairway's What is the Law™ Seminar covers the rules that apply in your province, and your Divorce Resolution Expert will walk you through what that means for your specific situation.

No. Spousal support depends on entitlement — whether the facts of your marriage and separation meet the legal criteria for support to be payable. Where entitlement exists, the amount and duration are guided by the Spousal Support Advisory Guidelines, which provide a range rather than a fixed figure. Your expert will assess entitlement and guide you through what the guidelines suggest for your situation.

In many cases, yes — and there are situations where a lump sum is the right choice for both parties. A lump sum provides certainty and a clean break; monthly payments preserve flexibility but involve ongoing financial contact. Your expert will model both options and help you understand the trade-offs, including the tax implications of each.

Keeping the family home is a common goal — and it is one that requires careful analysis before committing to it. Your Divorce Resolution Expert will walk you through what keeping the home actually means financially: whether you can qualify for the mortgage independently, what the equalization payment to your spouse would be, and whether the ongoing costs of carrying the property work within your post-separation budget. The goal is to make sure the decision that feels right emotionally is also one that is sustainable practically.

Child support is determined by the federal Child Support Guidelines, based on the paying parent's income and the number of children. It is not a negotiated figure, but rather set by law to ensure children are supported consistently. Section 7 expenses (the additional costs of childcare, activities, and medical needs) are typically shared proportionally based on each parent's income but can be negotiated between the spouses. Your expert will explain how the guidelines apply in your situation and how child support fits into the overall financial picture.

Absolutely — and Fairway actively encourages it where it is helpful. Your Divorce Resolution Expert will work alongside your financial advisor or accountant, sharing relevant information and coordinating where needed. This is particularly valuable in situations involving significant investment holdings, business assets, or complex tax considerations.