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Equalization payment

Each spouse's net property side by side, and the payment that would leave the two equal. You enter every figure.

Spouse 1

Net $330,000.00

Spouse 2

Net $150,000.00

Half the difference

$90,000.00

Paid by Spouse 1 to Spouse 2. The two nets differ by $180,000.00.

Arithmetic only. The law that governs the file decides what property is divided, how it is valued and on what date, what may be deducted or excluded, and whether an equal division applies at all.

What it works out

Each spouse's net is what they own, less their debts, less any deductions, less excluded property. The spouse with the larger net pays the other half the difference between the two.

In Ontario that is the equalization of net family properties: the spouse with the lesser net family property “is entitled to one-half the difference between them” (Family Law Act, R.S.O. 1990, c. F.3, s. 5(1)), and a net below zero is deemed to be zero (s. 4(5)) — tick the box to apply that. The Act also sets what is deducted and excluded, and lets a court award more or less than half where equalizing would be unconscionable (s. 5(6)). Other places divide property differently; the law that governs the file decides.

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Work it from the file

In a Fylely workspace a family matter's Assets & debts tab lists every item, who holds it and who it is proposed to, and works out the same payment from the proposal.

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