Limitation Periods Protecting Your Family's Interests for Over 25 Years

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.

For example:

  • 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.

Meet Our Dedicated Team of Lawyers

Over a Century of Collective Experience
  • Andrew  Feldstein Photo
  • Jeff  Hart Photo
  • Daphna  Schwartz Photo
  • Nick  Slinko Photo
  • Anna  Troitschanski Photo
  • Veronica  Yeung Photo
  • Shana  Gordon-Katz Photo
  • Rachel  Zweig Photo
  • Lauren  Harvey Photo
  • Jessica  Gutta Photo
  • Andrew  Feldstein Photo
    Andrew Feldstein

    Founder

    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.

  • Jeff  Hart Photo
    Jeff Hart

    Jeff obtained his Honours Bachelor of Arts degree in Classical Studies from McMaster University before attending law school at Queen’s.

  • Daphna  Schwartz Photo
    Daphna Schwartz

    Lawyer

    Location: Markham Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously ...
  • Nick  Slinko Photo
    Nick Slinko

    Lawyer

    Location: Vaughan Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and ...
  • Anna  Troitschanski Photo
    Anna Troitschanski

    Lawyer

    Anna 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.
  • Veronica  Yeung Photo
    Veronica Yeung

    Veronica 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  Gordon-Katz Photo
    Shana Gordon-Katz

    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.

  • Rachel  Zweig Photo
    Rachel Zweig

    Lawyer

    Rachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. ...
  • Lauren  Harvey Photo
    Lauren Harvey

    Associate Lawyer

    Lauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. ...
  • Jessica  Gutta Photo
    Jessica Gutta

    Associate Lawyer

    Jessica joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. ...
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