Is there a deadline to claim or enforce an equalization payment in Ontario?
Yes. A court application to receive an equalization payment must be started within two years of the date a divorce order is made, within six years of separation, or within six months after a spouse's death — whichever comes first. Missing this window can permanently extinguish your entitlement to equalization.
Once an equalization payment is ordered or agreed upon in a separation agreement, enforcing an unpaid amount is a different matter. Enforcement of a court order falls under general civil enforcement rules and is not subject to the same limitation period as making the initial claim.
If you have been separated for years and have not resolved property matters, the clock may be running. Many people delay sorting out finances because the relationship ended amicably or children were the priority, but the law does not extend deadlines for these reasons. A family law lawyer can confirm exactly where you stand relative to the limitation period.
Key takeaways
- File your equalization application within two years of divorce or six years of separation
- Missing the deadline permanently bars the claim in most cases
- Enforcing an existing equalization order is separate from making the initial claim
- Do not assume the clock is not running — get legal advice if significant time has passed