Are stocks subject to equalization?
Yes. Stocks, shares, investment portfolios, brokerage accounts, stock options, restricted share
units, employee share plans, and similar investment assets are generally property for equalization
purposes if owned by a spouse on the valuation date.
The relevant questions include:
the fair market value on the valuation date;
whether the shares were owned before marriage;
whether any marriage-date deduction is available;
whether the shares were acquired by gift or inheritance and remain excluded property;
whether taxes or disposition costs should be considered;
whether the asset is liquid or restricted; and
whether the asset is held personally, corporately, or through an employee compensation
plan.
Equalization does not necessarily mean the shares are physically divided. Ontario equalization is
usually a monetary payment from the spouse with the higher net family property to the spouse
with the lower net family property.