Before You Start Your Ontario Separation Agreement

Married spouses with children

You will usually need to address parenting arrangements, child support, possible spousal support, and property division. Gather the following.

Income information

• Your last three years of income tax returns
• Your last three years of Notices of Assessment or Reassessment
• Recent pay stubs or other proof of current income
• Documents showing any additional income — bonuses, commissions, rental income, investment income, or self-employment income
• Any additional documents needed to determine income if it is disputed or difficult to calculate

Child-related information

• Proof of child-related expenses — daycare, childcare, medical, dental, counselling, tutoring, extracurricular, or post-secondary expenses
• School records and information about the children’s educational needs
• Information about any medical, developmental, or special needs
• The children’s current schedules, including school, activities, and appointments
• Any existing parenting schedules or informal arrangements

Parenting schedule information

• Each parent’s work schedule
• Information about shift work, travel, overtime, or irregular hours
• The children’s school and activity schedules
• Transportation arrangements
• Holiday and vacation schedules
• Any other information relevant to the children’s care and routines

Spousal support information

• Each party’s income and financial circumstances
• A summary of each party’s monthly expenses
• Employment history and earning capacity
• Details about career changes, childcare responsibilities, or sacrifices made during the relationship
• Any documents relevant to financial need or ability to pay

Assets and liabilities

• Mortgage statements and property tax bills
• Real estate appraisals or market evaluations, if available
• Bank, investment, and retirement account statements
• Pension information
• Vehicle ownership and loan documents
• Credit card statements, lines of credit, and personal loans
• Business interests, if applicable
• Any other significant assets or debts

The family home

If you own a home together, consider whether it will be sold or whether one spouse will buy out the other. For a buyout, you will usually need valuation information. If the home will simply be listed for sale, the current value matters less than agreeing on the listing process — the real estate agent, the pricing strategy, and who is responsible for sale-related expenses.

Married spouses without children

The focus is usually property division and, where applicable, spousal support.

Income information

• Your last three years of income tax returns
• Your last three years of Notices of Assessment or Reassessment
• Recent pay stubs or other proof of current income
• Any additional income information relevant to spousal support

Spousal support information

• Monthly budgets or expense summaries
• Employment and income information
• Information about financial need and ability to pay
• Documents showing any health, employment, or earning-capacity issues
• Any other information relevant to support

Assets and liabilities

• Real estate and mortgages
• Bank accounts and investments
• Pensions and retirement savings
• Vehicles and businesses
• Credit cards, lines of credit, and loans
• Other significant assets or debts

Common-law partners with children

You may need to address parenting arrangements, child support, possible spousal support, and jointly owned or jointly accumulated assets. Common-law partners do not have the same automatic property equalization rights as married spouses, but jointly owned property, shared debts, and assets built through joint effort may still need to be dealt with.

Income information

• Your last three years of income tax returns
• Your last three years of Notices of Assessment or Reassessment
• Recent pay stubs or other proof of current income
• Documents showing additional income — bonuses, rental income, self-employment income, or investment income
• Any additional documents needed if income is disputed

Child-related information

• Proof of child-related expenses — daycare, medical, dental, counselling, tutoring, extracurricular, or post-secondary expenses
• School records
• Information about the children’s needs
• The children’s school and activity schedules
• Any existing parenting arrangements

Parenting schedule information

• Each parent’s work schedule
• Information about shift work, travel, overtime, or irregular hours
• The children’s school and activity schedules
• Transportation information
• Holiday and vacation schedules
• Any other information relevant to the children’s routines and care

Joint assets and debts

• Jointly owned real estate, mortgage statements, and property tax bills
• Appraisals or market evaluations, if one partner may buy out the other
• Joint bank accounts and investments
• Joint debts, vehicles, and household contents
• Business interests
• Any other assets or debts that may need to be addressed

Assets held in one partner’s name

If an asset is in only one partner’s name but both partners contributed to it, you may need to address it in the agreement. Useful documents include records of each partner’s contributions, account balances, transfers between accounts, the source of funds, and any agreement or understanding about how the asset would be shared. The same issue can arise with investments, businesses, or vehicles.

Common-law partners without children

The focus is usually jointly owned property, shared debts, possible spousal support, and any assets accumulated through joint efforts.

Income information

• Your last three years of income tax returns
• Your last three years of Notices of Assessment or Reassessment
• Recent pay stubs or other proof of current income
• Any documents showing additional sources of income

Joint assets and debts

• Jointly owned real estate, mortgage statements, and property tax bills
• Bank accounts and investments
• Vehicles and household contents
• Credit cards, lines of credit, and personal loans
• Any other shared assets or liabilities

Assets held in one partner’s name

Where both partners contributed money, labour, or other resources toward acquiring or maintaining an asset held in one name, consider whether it should be addressed. Useful documents include bank and investment statements, records of contributions, e-transfer or wire records, loan documents, business records, and any written communications about ownership or sharing.

A note on your situation

Every separation is different, so you may need additional documents depending on your circumstances. The more complete your information is at the beginning, the easier it is to identify the issues, negotiate fairly, and prepare an agreement that reflects your situation. If you are unsure what applies to you, consider speaking with a family law lawyer before finalizing your agreement.