We have been separated for almost six years. Can I still get an equalization payment?

Yes, but beware of the fact that this may be your last year to apply to the court for an equalization payment. S. 7(3) imposes limitation periods on bringing a claim for equalization and subsection (b) states that an applicant may bring a claim “six years after the day the spouses separate and there is no reasonable prospect that they will resume cohabitation.” Also, if within the six-year period you and your spouse obtained a divorce order then s. 7(3)(a) states that an application for equalization shall not be brought after 2 years from the date of divorce. However, should the period expire, you may still be able to bring an application pursuant to s. 2(8) which allows for the possibility of obtaining an extension from the court. You should note that it is rarely granted and the legislation imposes a strict test which must be satisfied.

Extension of times

2. (8) The court may, on motion, extend a time prescribed by this Act if it is satisfied that,

1. there are apparent grounds for relief;
2. relief is unavailable because of delay that has been incurred in good faith; and
3. no person will suffer substantial prejudice by reason of the delay.