Is there a deadline to make an equalization claim in Ontario?
Yes. Ontario imposes strict deadlines for equalization claims. Under the Family Law Act, a court application for equalization must be started within two years of the date of the divorce order, or within six years of the date of separation, or within six months of the other spouse's death — whichever comes first.
Missing the limitation period can permanently bar your equalization claim, even if you would otherwise have been entitled to a significant payment. Courts have very limited discretion to extend these time limits.
It is important not to confuse "we haven't sorted things out yet" with "we have time." The clock runs from the triggering event (divorce or separation), not from when you feel ready to deal with finances. If you are separated and more than a few years have passed without finalizing property matters, speaking with a family law lawyer promptly to assess your deadline is essential.
Key takeaways
- The limitation period for equalization is two years from divorce or six years from separation
- Missing the deadline can permanently eliminate your right to claim
- Courts have very limited power to extend these deadlines
- Act promptly if significant time has passed since separation