How to Prepare for Divorce in Ontario

Nobody plans to get divorced. But if you're thinking about it, the worst thing you can do is act impulsively. The decisions you make in the weeks and months before separation affect everything that comes after.

This is the checklist nobody gives you. The stuff lawyers wish their clients had done before walking through the door. The mistakes that cost people dearly—and how to avoid them.

Step 1: Gather Financial Documents

This is the most important thing you can do. Once your spouse knows divorce is coming, access to financial information gets harder. Do this first, do it quietly, and be thorough.

Step 2: Understand Your Financial Picture

Once you have the documents, you need to understand what they mean. This is where many people are surprised—sometimes by how much they have, sometimes by hidden debts or assets they didn't know about.

Create a Net Worth Statement

List everything you own and everything you owe. This becomes the basis for property division later.

Assets:

• Real estate (current market value, not what you paid)
• Bank accounts (all balances)
• Investments (current values)
• Pensions (get a statement of current value)
• Vehicles (check used car values online)
• Business interests (may need professional valuation later)
• Valuable personal property

Debts:

• Mortgage balance
• Credit card balances
• Lines of credit
• Car loans
• Other debts

Understand the Income Gap

Spousal support is based on the difference between your incomes. Know both numbers—not just your own.

If your spouse is self-employed or has complex income (bonuses, commissions, stock options), this gets complicated. Their tax return may not show the whole picture. Read our articles on self-employed income and imputed income to understand what courts actually look at.

Step 3: Protect Yourself Financially

There's a difference between protecting yourself and doing something that will look bad in court. Here's what's reasonable:

Open Your Own Bank Account

If you don't already have a bank account in your name only, open one. Use a different bank than your joint accounts. This gives you a safe place to receive income and pay bills if joint accounts get frozen or drained.

What's okay: Having your paycheque deposited into your own account. Keeping enough money to pay your basic expenses.

What's not okay: Moving large amounts from joint accounts without agreement or legal advice. This can be seen as dissipating assets and will hurt you later.

Establish Credit in Your Own Name

If all your credit cards are joint or in your spouse's name, you may have no credit history of your own. This matters when you need to rent an apartment, get a car loan, or eventually buy a house.

Do this: Apply for a credit card in your name only. Use it for small purchases and pay it off monthly. This builds your credit history.

Check Your Credit Report

Get your credit report from Equifax or TransUnion. Look for:

• Debts you didn't know about
• Joint accounts you'd forgotten
• Any signs your spouse has been opening accounts in your name

Protect Important Personal Items

Personal items with sentimental value (photos, heirlooms, documents) can disappear or be destroyed during an angry separation. Consider:

• Scanning important photos and documents to cloud storage
• Moving irreplaceable items to a safe location
• Making a list and photos of valuable personal property

Step 4: Know What NOT to Do

The mistakes people make before divorce often cost more than everything else combined. Don't do these things:

Don't Empty Joint Accounts

Taking half of a joint account for legitimate protection is usually okay. Draining it completely is not. Courts can order you to return the money, and it destroys your credibility. If you're worried your spouse will drain accounts first, talk to a lawyer about getting a court order to freeze them.

Don't Quit Your Job

Thinking you'll reduce your spousal support obligation by earning less? Courts can impute income—calculate support based on what you could earn, not what you choose to earn. Quitting your job looks like manipulation and rarely works. Plus, you still need to live.

Don't Make Large Purchases

Buying a new car, expensive jewelry, or taking a big vacation right before separation looks like you're spending down marital assets. Even if it's with "your" money, it gets scrutinized. Hold off on major purchases until things are settled.

Don't Destroy Documents

Shredding financial records, deleting emails, or "losing" important documents is illegal once litigation starts (it's called spoliation of evidence). Even before litigation, it can seriously damage your case if discovered. Keep everything.

Don't Post on Social Media

Anything you post can be used as evidence. Photos of your new lifestyle, complaints about your spouse, dating profile pictures—all of it can show up in court. Best practice: go dark on social media entirely until your divorce is final.

Don't Move Out Without Legal Advice (If You Have Kids)

If you have children, leaving the family home can affect custody arrangements. It can be characterized as "abandoning" the children, even if that wasn't your intent. Talk to a lawyer before moving out—there may be better options.

Don't Sign Anything Without a Lawyer

Your spouse presents you with a "simple agreement" to sign? Don't. Not even if they say it's just to speed things up. Not even if they say you can change it later. Have a lawyer review anything before you sign.

Step 5: Assemble Your Team

Divorce involves legal, financial, and emotional challenges. You may need help in all three areas.

Family Lawyer

At minimum, get a consultation. A good family lawyer will:

• Explain your rights and obligations
• Give you a realistic picture of likely outcomes
• Identify issues you may not have thought of
• Help you avoid costly mistakes

You don't necessarily need a lawyer to handle everything. Many people use lawyers for advice and document review while handling negotiations themselves. But going in completely blind is risky.

How to find one: Ask friends who've been through divorce for recommendations. Check the Law Society of Ontario's directory. Look for someone who specializes in family law—not a general practitioner who "also does" divorces.

Financial Advisor or Accountant

If you have significant assets, complex income, or a business, you may need financial expertise. A divorce financial analyst can help with:

• Valuing complex assets (businesses, pensions, stock options)
• Understanding tax implications of different settlement structures
• Projecting your post-divorce financial situation
• Identifying hidden income or assets

Therapist or Counselor

Divorce is emotionally brutal, even when it's the right decision. A therapist isn't a luxury—it's practical support that helps you make better decisions. People who are emotionally overwhelmed make expensive mistakes.

Step 6: Understand the Timeline

Ontario divorce doesn't happen overnight. Knowing the timeline helps you plan.

Separation vs. Divorce

You become legally separated when you start living "separate and apart"—even if you're still in the same house. The separation date is crucial because it's when assets are valued for property division.

Divorce (the legal dissolution of marriage) requires you to be separated for at least one year, unless there are grounds like adultery or cruelty. Most people use the one-year separation ground.

What Happens During the Year

You don't just wait around for a year. This is when you:

• Negotiate or litigate property division, support, and custody
• Create a separation agreement
• Establish new living arrangements
• Adjust to co-parenting (if you have kids)

Many couples have everything resolved well before the divorce is finalized. The actual divorce (the court order dissolving the marriage) is often the last, almost administrative step.

Step 7: Consider Timing Strategically

When you separate affects your financial outcome. Some timing considerations:

End of Year vs. Beginning of Year

If you separate in December, you may still file taxes as married for that year (potentially benefiting from income splitting). If you wait until January, you're single for tax purposes for the entire year.

Before or After Bonuses/Raises

If you're the higher earner and a big bonus is coming, separating before you receive it means it's not included in the support calculation. If you're the lower earner, waiting might benefit you.

Before or After Retirement

This is huge for grey divorce. Read our grey divorce article for details, but the short version: if you retire before separating, support is based on your retirement income. If you retire after, you pay based on working income until you go back to court.

Rule of 65 Timing

If you're close to the Rule of 65 threshold (age + years of marriage = 65), the timing of separation can determine whether support is time-limited or indefinite.

The Emergency Situation

Everything above assumes you have time to prepare. If you don't—if you're in an unsafe situation—priorities change.

If You're Experiencing Abuse

Safety first. Everything else can be figured out later.

• Call the Assaulted Women's Helpline: 1-866-863-0511 (24 hours)
• Call 911 if you're in immediate danger
• A lawyer can help you get an emergency restraining order
• Women's shelters can provide safe housing and help with next steps

Don't stay in danger to gather documents or prepare properly. Your safety matters more than financial optimization.

Try the Calculators

Want to see what spousal support or property division might look like in your situation? Run some numbers to get a sense of what to expect.

Remember: these are estimates. Your actual situation will depend on many factors. But having a rough idea of the numbers helps you plan and have informed conversations with lawyers.

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Related Articles

• Strategic Moves Before Filing — Timing decisions that matter
• The Importance of the Separation Date — Key dates explained
• Property Division vs Spousal Support — Understanding both calculations
• Self-Employed Income — What courts look at

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