There are two dates that are important to this question.
The date of separation (determines the “pool”) is the date where the family property and family debt is characterized. Meaning, that everything you and your spouse owned together or separately on the date of separation is considered the “pool of property” that needs to be divided, with the exception of excluded property.
Valuation date - Under the Family Law Act, the date used for valuing the property is typically either:
- The date of your trial: If you go to court, the value is assessed at the time of the trial.
- The date of your written agreement: If you and your spouse settle out of court, the value is based on when you sign the agreement to divide the property and debt.
Why this matters: Because the law uses the date of the trial or agreement for valuation (rather than the date you separated), any increase or decrease in the property's value during your time apart will generally be shared between both parties.
How is the value determined? The value of your property is based on its fair market value - essentially, what the item would sell for on the open market today, not what you originally paid for it.
Note: "Fair Market Value" is the price a willing buyer would pay a willing seller. It’s often best to agree with the other party on getting a professional appraisal for items like the family home or businesses to ensure the numbers are accurate and to avoid disputes.