Significant Unfairness in BC Divorce: How to Challenge a 50/50 Property Split

Dividing family property during a divorce is rarely simple. In British Columbia, the Family Law Act generally presumes that everything should be split equally between spouses. But what happens if a 50/50 division would be truly unfair?

That’s where the concept of significant unfairness comes in.

For a general overview of property division in BC, see our Property Division page here.

The Family Law Act assumes that family property should be divided equally. However, this presumption can be challenged if one spouse can prove that an equal split would be significantly unfair.

Significant unfairness means that the division would be objectively unjust, unreasonable, or inequitable in an important way, based on the factors set out in section 95(2) of the FLA.
It’s a high threshold to meet — more than just a feeling that the division is uneven.

Find out how much you could be entitled to using our Asset and Debt Calculator here. 

How is Significant Unfairness Determined?

Whether significant unfairness exists is fact-specific and complex.

The court will consider several factors, including:

• Length of the Marriage:
  Longer marriages usually lead to more equal division, while shorter marriages may warrant different treatment.

• Contributions of Each Spouse:
  This includes both financial contributions (like income or savings) and non-financial contributions (like raising children or managing the home).
  Note: In most marriages, spouses contribute unequally — earning more money alone is rarely a winning argument for keeping more.

• Economic Circumstances of Each Spouse:
  The court looks at each spouse’s current and future earning capacity and financial security.

• Debt Incurred by One Spouse:
  Debts are generally shared, but if one spouse carried more debt or was unfairly burdened, the court may adjust division.

• Dissipation of Family Property:
  If one spouse recklessly or intentionally depleted family assets (for example, gambling or wasting savings), this will heavily impact fairness.

• Any Other Relevant Circumstances:
  The court can consider any economic factor it deems important to the case.

Examples of Significant Unfairness

Significant unfairness might arise in cases like:

• Career Sacrifice:
  One spouse supported the other through university or professional school, giving up their own career advancement.

• Primary Caregiver Role:
  One spouse stayed home to raise the children, impacting their future earning potential.

• Wasted Assets:
  One spouse gambled away family savings or made reckless financial decisions.

• Uneven Outcomes Due to Exclusions:
  Excluded property rules leave one spouse much better off after a long-term relationship involving children and joint efforts.

The Importance of Getting Legal Advice

Proving significant unfairness isn’t easy. If you believe a 50/50 split would hurt your financial future, a skilled family lawyer can help you:

• Assess your case:
  We’ll tell you honestly if you have a valid claim for significant unfairness.

• Gather evidence:
  We can help you collect financial documents, expert reports, and witness statements.

• Negotiate a fair settlement:
  Court battles can be avoided with strategic negotiation.

Get the Fair Outcome You Deserve

The concept of significant unfairness is a critical safeguard under BC law.  If you think an equal division of family property would be significantly unfair in your case, don’t leave your future to chance.
Contact us here or call 604-974-9529 for a consultation with our experienced family lawyers.