- A married spouse can generally start a family property claim after a divorce or similar decree, or after living separate and apart for at least one year.
- The usual limit is 2 years from the date of separation, or 2 years from the divorce or other decree.
- A transfer made to defeat a claim, a reconciliation period or a death can change the timing, and separation before January 1, 2020 may mean the old Matrimonial Property Act applies, so check your dates early.
If you are married and your relationship has ended, one of the most important questions is how long you have to ask the court to divide your family property. Alberta sets time limits, and waiting too long can mean losing the claim.
This article is general information for married spouses. Common-law partners, called adult interdependent partners, have their own rules. Section wording should be checked against the current version of the Act, and a lawyer can confirm how the dates apply to you.
This article covers the law of Alberta.
When can a family property claim be started?
Under the Family Property Act, a court order dividing property can be made only in certain situations. For spouses, those include after a divorce, nullity, judicial separation or declaration of irreconcilability, or once the spouses have lived separate and apart for a continuous period of at least one year.
There is also an earlier route. An order can be made where a spouse is transferring or gifting substantial property to defeat a claim, or is dissipating property. Separately, the Court can restrain a planned transfer or gift that could defeat a claim, even while the parties still live together, and can do so without notice to the other side.
The usual 2-year time limits
An application based on separation must be brought within 2 years after the date the spouses separated. Applications tied to a divorce, nullity, judicial separation or declaration of irreconcilability generally must be brought within 2 years of the decree or declaration.
| Your situation | Usual time limit |
|---|---|
| Claim based on separation | 2 years after the separation date |
| Claim tied to divorce or other decree | 2 years from the decree or declaration |
| Claim based on separation, with one reconciliation period | 2 years, not counting a single reconciliation period of up to 90 days |
| Transfer made to defeat a claim | 2 years from separation or 1 year after the transfer, whichever comes first |
A death is handled differently. Only a surviving spouse can use the separate window that opens after the other spouse dies, and it is described in the next section.
Exceptions that can change the clock
- Transfers to defeat a claim: the limit is 2 years from separation or 1 year after the transfer, whichever comes first. Action against the person who received the property is allowed only for transfers made not more than one year before the application.
- Reconciliation: a single reconciliation period of up to 90 days is not counted when calculating time.
- Death of a spouse: the surviving spouse may apply within 6 months of probate or administration being granted. For those 6 months, the executor cannot distribute estate property to beneficiaries without the survivor's consent or a court order.
If your facts involve a transfer, a reunion or a death, the dates can be tricky to work out. Getting them confirmed early is wise.
Separated or divorced before January 1, 2020
The Matrimonial Property Act was renamed the Family Property Act, and the changes took effect January 1, 2020. Spouses who were divorced, or whose nullity, judicial separation or declaration of irreconcilability was granted, or who were living separate and apart, before that date stay under the old Matrimonial Property Act.
There is a further detail: sections 15 and 18 of the new Act still apply if the event or separation was on or after February 1, 2012. Proceedings begun under the old Act may move to the new Act with the parties' consent. Because the old and new rules can differ, a lawyer can confirm which applies.
What to do next
A property claim is started with a Statement of Claim for Division of Family Property (Form FL-2), or Form FL-3 when it is combined with a divorce claim. The Court of King's Bench manual says it is filed with the FL-10 if property is at issue. Form numbers are written inconsistently in places, so confirm them on albertacourts.ca before filing.
Each party must then file a sworn statement disclosing all their property wherever located, including property disposed of within one year before the application, and serve it on the other party.
- Write down your date of separation and any divorce or decree date.
- Note any reconciliation period and how long it lasted.
- List any transfers or gifts of property you are concerned about, with dates.
- Collect statements for accounts, pensions, vehicles and real estate.
- Note any date before January 1, 2020 that could affect which Act applies.
- Speak with a lawyer early so no deadline is missed.
Frequently asked questions
How long do I have to claim family property after separation in Alberta?
For married spouses, an application based on separation must generally be brought within 2 years after the date you separated. A single reconciliation period of up to 90 days is not counted.
Does the clock start at separation or at divorce?
It depends on the basis of the claim. A separation-based application runs 2 years from separation, while one tied to a divorce or similar decree generally runs 2 years from the decree or declaration.
What if my spouse is giving away property?
An order can be made where a spouse is transferring or gifting substantial property to defeat a claim. The time limit for that kind of claim is 2 years from separation or 1 year after the transfer, whichever comes first.
What if my spouse dies?
A surviving spouse may apply within 6 months of probate or administration being granted. During that period the executor cannot distribute estate property to beneficiaries without your consent or a court order.
Sources
- Alberta.ca – Family law changes — alberta.ca
- Family Property Act, RSA 2000, c F-4.7, s. 39 (Alberta King's Printer) — kings-printer.alberta.ca
- Court of King's Bench Family Focused Protocol Manual (June 2026) — albertacourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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