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Deadline to Claim Property Equalization After an Ontario Divorce

Learn the Family Law Act time limits for an equalization claim in Ontario: two years after divorce, six years after separation, and when a court may extend.

Family Law4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 6, 2026
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Key takeaways
  • An equalization claim must be made by the earliest of two years after a divorce or nullity judgment, six years after separation with no reasonable prospect of resuming cohabitation, or six months after the first spouse's death.
  • A court may extend the time if there are apparent grounds for relief, the delay was in good faith, and no one will suffer substantial prejudice.
  • A separation agreement may cover property, support and parenting, but it is unenforceable unless it is in writing, signed by the parties and witnessed.

Many people in Ontario finish their divorce and only later realize property was never sorted out. Then the question is how long they have left to ask for an equalization payment.

The answer depends on which of several clocks runs out first. This article explains those time limits, when a court can allow more time, and what is at stake in an equalization claim.

What equalization is and why it matters

On separation or divorce, the spouse whose net family property is smaller is entitled to one-half of the difference between the two spouses' net family properties. Net family property is the value of property a spouse owns on the valuation date, minus debts and permitted deductions, and it is never less than zero. RRSPs and pensions are counted as property.

Equalization is a payment to even out the difference. It is not a split of each item of property. If you miss the deadline, you may lose the right to ask for it.

The three time limits in Family Law Act s. 7(3)

An equalization claim must be brought by the earliest of three dates.

EventTime to make the claim
Divorce or nullity judgmentTwo years after the judgment
Separation with no reasonable prospect of resuming cohabitationSix years after the separation
Death of the first spouseSix months after the death

Because the earliest date applies, the two-year clock after a divorce judgment can run out before the six-year separation clock. For example, if you separated one year ago and the divorce judgment is made now, the two-year limit would end two years from now, while the six-year limit would end five years from now, so the earlier two-year date applies.

Can a court extend the time?

Sometimes. Under s. 2(8), a court may extend the time if there are apparent grounds for relief, the delay was in good faith, and no one will suffer substantial prejudice. All three matter, and an extension is not automatic.

Treat an extension as a fallback, not a plan. Whether you could meet that test depends on your facts, so it is worth speaking to a family lawyer as soon as you realize a deadline may have passed.

Dates and details that affect your claim

What to do next

A separation agreement is one way to deal with property, and it may also cover support and parenting. It is unenforceable unless it is made in writing, signed by the parties and witnessed. A court may set aside a domestic contract if, for example, a party failed to disclose significant assets or debts. How an agreement fits with the time limits depends on your situation, so it is worth confirming with a lawyer.

Frequently asked questions

How long do I have to claim equalization after my divorce?

The claim must be made by the earliest of two years after the divorce judgment, six years after separation with no reasonable prospect of resuming cohabitation, or six months after the first spouse's death. The earliest date controls, so check all three.

Does the six-year limit always apply?

No. If a divorce judgment is made, the two-year limit after that judgment may end sooner than the six-year limit. The earliest of the dates is the deadline.

Can I still claim if I missed the deadline?

A court may extend the time if there are apparent grounds for relief, the delay was in good faith, and no one will suffer substantial prejudice. Whether that fits your situation depends on the facts, so get legal advice.

Does a separation agreement help?

It can be a way to deal with property. A separation agreement may cover property, support and parenting, but it is unenforceable unless it is written, signed by the parties and witnessed. A court may set it aside in some cases, such as when significant assets were not disclosed.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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