Will I end up having to pay him if I ask him for a separation?

Ontario’s Family Law Act (FLA) sets out the regime for property division between spouses upon the breakdown of a marriage. Central to this regime is the calculation of each party’s “net family property” (NFP). NFP is the value of each party’s property on the date of separation, taking into account all assets and liabilities, and excluding property held by each party on the date of marriage, with the exception of the matrimonial home, which cannot be deducted from a party’s NFP. Once both parties’ NFP’s have been determined, the spouse with the greater NFP will owe the other spouse an “equalization payment” of one half the difference between the two NFPs. Complete financial disclosure must be made in order to properly prepare the equalization calculation. You should see a lawyer for assistance.

In addition to equalization, another issue to consider is spousal support, which is governed by s.15 of the Divorce Act and s. 30 and s.33 of the FLA. In your case, your husband MAY have a claim for spousal support if you have been the sole breadwinner for the past two years, but this is dependent on a number of factors such as why he is not working, etc. You should speak to a lawyer about the specific details of your situation in order to determine if your husband has an entitlement to spousal support and if so, the appropriate amount and duration of it, if any.