Family Law / Divorce Library

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Property Division:
Property Adjustments

Property Adjustments

There are a variety of further adjustments which are often made, including:

  1. Adjustments relating to Valuation and Timing;
  2. Debts incurred after separation;
  3. Dissipation of assets;
  4. Taxation of Property Transfers and other tax issues;
  5. The terms of oral or written Agreements between the spouses/partners can be considered, even if not complying with legislative requirements;
  6. Previous distributions or advances between the spouses/partners, whether by agreement or court order. Courts generally shouldn't look at what spouses/partners did with their share of property that was already divided (Stuve v Stuve, 2019 ABCA 142 at para 19); and
  7. The Court can consider other circumstances, however adjustments for other reasons are very rare and would require extraordinary circumstances.

Different rules applies to unmarried couples who separated before 2020. See Unmarried Property Division.

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Property Division:
Property Adjustments


Content by Ken Proudman of BARR LLP (Edmonton)

Last updated on April 1, 2023

This page has not yet received a complete review.

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