11. What can I do if my spouse is purposefully indebting himself prior to separation?

If a spouse deliberately incurs debt before separation to reduce net family property, possible

responses include:

 demanding full disclosure of all debts and supporting documents;

 examining whether the debts are real, enforceable, and arm’s length;

 determining whether the debt benefited the family or only that spouse;

 challenging sham loans or debts to relatives;

 seeking preservation orders;

 asking for an unequal division if equalization would be unconscionable;

 requesting adverse inferences;

 seeking costs; and

 tracing borrowed funds.

Under Ontario law, bad-faith debts, reckless depletion, and intentional reduction of property may

support an unequal division claim where equal sharing would be unconscionable.