Is There a Deadline to Apply for Spousal Support in BC?

If your relationship has ended, you may be wondering whether you still have time to ask for spousal support. In British Columbia, the answer depends on whether you were married or in a marriage-like relationship, and on which law your claim is brought under.

This article explains the main time limits, how dates of separation are shown, and what can pause or remove the clock. Because the dates in your own situation matter a great deal, it is worth confirming them with a lawyer.

This article covers the law of British Columbia.

Who counts as a spouse

Under the Family Law Act, a person is a spouse if they are married to another person, or have lived with another person in a marriage-like relationship for a continuous period of at least 2 years. A spouse also includes a former spouse, so you can claim support after the relationship has ended.

There is an exception for spousal support. An unmarried partner who has not reached 2 years of marriage-like cohabitation can still qualify as a spouse if the couple has a child together. That child alternative does not apply to property or pension division.

The 2-year limit under the Family Law Act

A spousal support proceeding under the Family Law Act must be started within 2 years after the date a judgment granting a divorce is made, or an order declaring the marriage a nullity, for married spouses. For spouses in a marriage-like relationship, the limit is 2 years after the date of separation.

Unmarried partners in BC claim spousal support under the Family Law Act, not the Divorce Act.

Proving the date of separation

For unmarried spouses, the date of separation starts the clock, so it can matter. Spouses can be separated while still living in the same residence. A court may treat as evidence of separation a spouse's communication of an intention to separate permanently, or an action showing that intention.

• Messages or emails stating that the relationship is over.
• Changes in living arrangements, such as separate bedrooms.
• Any other record showing when one of you decided to separate permanently.

When the clock pauses, or does not apply

• The 2-year limit pauses while the spouses are in family dispute resolution with a professional or in a prescribed process.
• The limits do not apply to reviews of spousal support under ss. 168 or 169 of the Family Law Act.
• Arrears of spousal support payable under a judgment, or under an agreement filed under Family Law Act s. 148(2) or 163(3), are not barred by the 2-year basic period.
• Section 15.2 of the Divorce Act contains no time limit for a married or formerly married spouse to apply for spousal support.

The 2-year limit in section 198 of the Family Law Act applies to claims under that Act, except that it pauses during family dispute resolution with a professional or in a prescribed process, and it does not apply to reviews of spousal support under sections 168 or 169. Which law applies to your claim, and how delay might affect it, depends on your situation, so it is worth confirming with a lawyer.

Missing a deadline versus collecting unpaid support

These are separate issues. The Limitation Act does not apply to a claim for arrears of spousal support payable under a judgment, or under an agreement filed under Family Law Act s. 148(2) or 163(3). So arrears on such orders or filed agreements are not barred by the basic 2-year period.

A written support agreement filed in court can be enforced as an order, through the BC Family Maintenance Agency or by court application.

What to do next

• Write down the date of separation and gather records that support it.
• If you were married, find the date of any divorce judgment or nullity order.
• Note any period spent in family dispute resolution with a professional.
• Read the current wording of the Family Law Act on BC Laws.
• Speak with a lawyer about your own dates before assuming time has run out.

Frequently asked questions