Equal Division

The law recognizes that both spouses contribute to childcare and the household. The starting point is that each spouse gets an equal share of family property and the family home. In some cases, however, the court can order an unequal division.

Immoral conduct does not a play a part in dividing family property unless the conduct:

• involved wasting or getting rid of property below market value to avoid dividing it
• was substantially detrimental to the financial standing of one or both spouses such as through excessive gambling

The family home is most often divided equally. The court will only divide it unequally if it is satisfied that equal division would be unfair and inequitable:

• because of extraordinary circumstances, or
• to the spouse who has custody of the children

Unequal division of other family property is not as strict as the family home. In this case, the court can order unequal distribution if it would be unfair and inequitable in general. In deciding to divide family property other than the family home unequally, the court considers many more factors, including:

• how long the spouses lived together and how long they have lived apart
• when the property was acquired
• any contribution made by someone else on behalf of a spouse to help buy, operate or use the property
• any contribution one spouse made to the career path of the other spouse
• the effect that domestic responsibilities have had on the earning capacity of each spouse
• gifts, or transfers for less than fair value, from a spouse to a third party
• previous distributions between spouses, whether by gift, agreement or court order
• tax liabilities if the property must be sold
• whether a spouse has wasted, given away or sold property to avoid having it divided
• the amount of any child support payments
• any interest that another person has in the property
• debts of the spouses
• the value of any family property outside of Saskatchewan
• any other relevant circumstances