Equalization Of Net Family Property ♦ Divorce Mediation/Arbitration Services

Ontario law sets out a formula of equalization of net family property. This establishes that when a couple divorces, the amount of the increase in their combined worth over the course of the marriage is divided equally. This law is the source of confusion for many people. Equalization is effected by payment from one spouse to another; not by dividing interest in the assets themselves.

When a couple chooses mediation or arbitration to settle their financial affairs prior to divorce, they do not have to adhere to the equalization regime. Greg Cooper, Toronto family lawyer and mediator/arbitrator, is a knowledgeable facilitator for financial negotiations between separating spouses. He can help you to find creative solutions for you and your spouse.

Negotiating Financial Separation

Even when a couple adheres to the equalization regime, everyone keeps their property — it is a financial payment that changes hands. In ADR, couples can also make decisions about their assets in order to accommodate the give-and-take of negotiations. For example, a spouse with more extensive retirement savings may choose to roll some of his or her RRSP funds into his or her spouse's plan. Or, a couple may split the interest in a house. These kinds of agreements are impossible for a judge to order — this flexibility is therefore one of the benefits of ADR.

Choices about financial settlements are often made alongside decisions about child custody and spousal support. Greg Cooper is an experienced lawyer and mediator/arbitrator who has the legal knowledge, financial savvy and personal sensitivity to recommend effective settlements between couples.

Toronto Lawyer ♦ ADR Service For Family Law

To learn more, contact Cooper ADR at 416-346-5675 in Toronto or contact the practice online.