How Long Do I Have to Claim Equalization After Separation in Ontario?
An equalization application cannot be brought after the earliest of these dates: two years after a divorce or judgment of nullity, six years after separation with no reasonable prospect of resuming cohabitation, or six months after the first spouse's death. Because it is the earliest date that counts, a divorce can shorten the time you would otherwise have after separation.
If you have missed a deadline, the court may still be able to help. It may extend a time limit in the Act if there are apparent grounds for relief, the relief is unavailable because of delay incurred in good faith, and no person will suffer substantial prejudice because of the delay. That is a discretion, so it is not guaranteed.
If the claim follows a death, the surviving spouse may also have an election to make, and it must be filed within six months after the first spouse's death. These are firm dates, so if you separated or divorced some time ago, gather your key dates and documents first, then speak to a lawyer promptly about where you stand.
Key takeaways
- An equalization application cannot be brought after the earliest of two years after a divorce or judgment of nullity, six years after separation, or six months after the first spouse's death.
- The court may extend a time limit if there are apparent grounds for relief, the delay was incurred in good faith and no one suffers substantial prejudice.
- After a death, a surviving spouse's election must be filed in the prescribed form within six months after the first spouse's death.
- A surviving spouse who misses the election deadline is deemed to have elected to take under the will or the Succession Law Reform Act, or both, unless the court orders otherwise.