Ontario Family Law Limitation Periods
Meet Provincial & Federal Requirements in Your Family Law Case
A limitation period is the maximum length of time for making a claim under a provincial or federal statute or rule. There are several limitation periods applicable to family law procedures, and prudent clients should be aware of upcoming deadlines.
- The Family Law Act requires married spouses to make a claim for equalization (equal division) of net family property within the earliest of: 6 months after the first spouse’s death, 2 years after a divorce has been ordered, or 6 years from the date of separation. A failure to make a claim within the limitation period will bar the claimant from recovering a share of net family property. (If you are a common-law spouse, it is important to seek legal advice as you may be eligible to make a property claim through a device known as a constructive trust.)
- Canada’s Pension Plan (CPP) Act allows former spouses and partners to apply for a division of pension plan credits. The Act stipulates that there is no time limit for a formerly married spouse to make an application to divide CPP credits after a divorce is granted. However, common-law partners must be separated for at least 1 year, and the applicable limitation period is 3 years. Additionally, in the event of a spouse’s death, there is a limitation period of 3 years.
Be sure to observe all limitation periods applicable to your case. Call our Ontario family law lawyers at (905) 581-7222 to learn more.
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Andrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.
LawyerJeff obtained his Honours Bachelor of Arts degree in Classical Studies from McMaster University before attending law school at Queen’s.
LawyerLocation: Markham Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously ...
LawyerLocation: Vaughan Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and ...
LawyerAnna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, and division of property.
LawyerVeronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer.
Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law.
LawyerRachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. ...
Associate LawyerQuinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, ...
Associate LawyerLauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. ...