Ontario Form 13.1 is the financial statement required in any family law proceeding that includes a claim for equalization of net family property under the Family Law Act. It runs over ten pages and covers income, expenses, assets, debts, and a full property schedule. Courts treat it as the foundation of the property case. Getting it wrong has consequences.
When Is Form 13.1 Required?
Form 13.1 is required whenever there is a property claim. If your case involves only support without property division, you use the shorter Form 13 instead. If a property claim is added mid-proceeding, you switch from Form 13 to Form 13.1.
The form must be filed and served before your first case conference and updated whenever there is a material change in your financial circumstances. The duty to provide financial disclosure is "the most basic obligation in family law" and is "immediate and ongoing" (Roberts v. Roberts, 2015 ONCA 450). This is not optional — it is automatic.
Part 1: Income
Report gross income from all sources: employment, self-employment, investments, rental income, government benefits, and pensions. Refer to line 15000 of your most recent T1 General and your current pay stubs.
Common sources to include:
- Employment income (salary, wages, commissions, bonuses)
- Self-employment income (net business income)
- Investment income (interest, dividends, capital gains)
- Rental income
- Government benefits (EI, CPP, OAS, disability)
- Pension income
Common mistake: Omitting non-employment income sources. Courts draw adverse inferences from incomplete income disclosure and may impute a higher income than what you actually earn. The Supreme Court of British Columbia described non-disclosure of financial information as "the cancer of matrimonial property litigation" (Cunha v. Cunha, 1994 CanLII 3195 (BC SC)) — a phrase adopted by Ontario courts.
Income on Form 13.1 must also be consistent with income reported in any support calculation filed in the same proceeding. Discrepancies between the two undermine credibility.
Part 2: Expenses
This section requires a detailed monthly budget covering current household expenses: housing, utilities, food, transportation, personal care, medical, and children's expenses.
- Use actual figures from bank statements and bills, not estimates.
- If expenses have changed since separation, use current expenses.
- Include only your share if you share a household.
- Child-related expenses should reflect what you actually spend during your parenting time.
Common mistake: Inflating expenses to make your financial position look worse. Judges review these figures carefully and compare them to income. Implausible claims damage credibility and invite scrutiny of the entire form.
Part 3: Assets
List all assets you own or have an interest in, with current fair market value. Categories include real property, vehicles, bank accounts, investments (RRSPs, TFSAs, stocks, bonds), pensions, life insurance (cash surrender value), business interests, and personal property of significant value.
Calculate child support, spousal support, and property division in minutes.
For each asset, provide the current value and, where applicable, the value at the date of marriage for the property schedule in Part 5. Obtain formal valuations where possible, particularly for real estate and pensions.
The scope of what must be disclosed is broader than most people expect. In Brinkos v. Brinkos (1989), 33 O.A.C. 295, the Ontario Court of Appeal held that even a future interest in trust income constitutes net family property that must be disclosed and valued. Consider all interests broadly: pension entitlements, stock options (even if unvested), business goodwill, and contingent interests in trusts or estates.
Part 4: Debts and Liabilities
List all debts — mortgages, lines of credit, credit cards, personal loans, student loans, and amounts owed to the CRA. Include the creditor name, current balance, and whether the debt is joint or individual.
Common mistake: Listing only debts in your name. Joint liabilities must be included even if your spouse is making the payments.
Part 5: Property Schedule
This section is unique to Form 13.1 and is where the equalization calculation lives. You need three sets of values for each item:
- Value at date of marriage: What each asset and debt was worth when you married.
- Value at valuation date: Typically the date of separation.
- Current value: Today's value or as close to it as you can determine.
Net family property equals assets at valuation date, minus debts at valuation date, minus the net value of assets brought into the marriage. The equalization payment is half the difference between the two spouses' net family property.
Common mistake: Confusing the valuation date with the current date. The valuation date is usually the date of separation. Getting this wrong distorts the entire property calculation.
Tricky Valuation Items
- Pensions: The value required is the present value of an expected future income stream, determined by a qualified actuary. Ontario registered pension plan administrators are required to provide Family Law Value statements. Other plans may need an independent actuarial valuation. Using the employee contribution balance instead of the commuted or actuarial value is a common and costly error — the commuted value includes employer contributions and projected future benefits and is almost always substantially higher.
- Business interests: Courts require the business's financial statements for the three years preceding the valuation date, plus personal tax returns. A business valuation — typically using capitalized earnings or discounted cash flow — may require a Chartered Business Valuator. Book value almost never reflects fair market value because it ignores goodwill and earning capacity.
- Stock options: All stock options must be disclosed, even if unvested. Their value may be determined using Black-Scholes or another recognized methodology.
- Excluded property: Gifts from third parties (not your spouse) and inheritances received during the marriage are generally excluded from equalization, but you must trace the excluded property into property owned on the valuation date. The original gift or inheritance amount is excluded; growth on excluded property is not. Document the paper trail thoroughly.
What Courts Expect
The consequences of deficient disclosure have real teeth. The financial statement is a sworn document — signing it is giving evidence as if you were on the witness stand.
- Striking pleadings: In Roberts v. Roberts, 2015 ONCA 450, the Ontario Court of Appeal upheld an order striking a party's entire case for persistent failure to comply with three court orders requiring financial disclosure.
- Adverse inferences: In Cunha v. Cunha, 1994 CanLII 3195, the court presumed the value of undisclosed assets was "at least equal to the value of disclosed assets."
- Cost awards: Incomplete disclosure that forces the other party to bring motions to compel production routinely results in costs payable by the non-disclosing party.
- Imputed income: Where a judge concludes that income has been deliberately understated, the court may impute a higher income for support purposes.
The consequences of an inaccurate Form 13.1 are almost always more costly than the effort of completing it properly.
Completing the Form With Divorcepath
Divorcepath's document editor simplifies the process substantially.
Auto-Fill From Calculations
If you have already run a support calculation, income information in Part 1 can be auto-populated. The editor pulls income figures, tax amounts, and benefit calculations directly from your case data using merge fields.
Automatic Arithmetic
Expense totals, asset totals, debt totals, and property schedule calculations are computed automatically. When you enter a figure, subtotals and grand totals update immediately — eliminating what is probably the single most common source of Form 13.1 errors.
Guided Completion
The editor highlights required fields and flags sections that appear incomplete. It cannot tell you the fair market value of your home, but it can tell you that a value is expected and missing.
Filing and Serving
Once completed, Form 13.1 must be signed, filed with the court (in person or through e-filing where available), and served on the other party or their lawyer. Because it is a sworn document, deliberately omitting or misrepresenting financial information exposes you to adverse inferences, cost awards, and in serious cases, the striking of your pleadings entirely.
For more guidance, visit our help centre or try completing Form 13.1 using the Divorcepath document editor.
