How Long Do You Have to Divide Property After Separation in British Columbia?

When a relationship ends, dividing the house, savings, debts and pensions can feel like something to sort out later. In British Columbia, though, there is a time limit for starting a court claim, and the start date is not the same for every couple.

This article explains the 2-year limit in the Family Law Act, who counts as a spouse for property division, how separation is worked out, and what can pause the clock. It is general information, not advice for your situation.

This article covers the law of British Columbia.

The 2-year limit in plain words

Under section 198(2) of the Family Law Act, a proceeding to divide property or family debt (Part 5), divide a pension (Part 6) or claim spousal support (Part 7) must be started no later than 2 years after a set trigger date.

This matters because the court divides property only when a spouse applies for a division order. If no one applies in time, you may lose the chance to ask the court to divide what you would otherwise share equally.

When the 2 years start

The trigger date depends on how you were living together, and for married spouses it is not the separation date.

Government guidance says the same thing: married spouses must apply within two years after the divorce order, and couples in a marriage-like relationship of at least two years must apply within two years of the separation date.

Who counts as a spouse, and when you are separated

A person is a spouse if they are married, or have lived in a marriage-like relationship for a continuous period of at least 2 years, and a spouse includes a former spouse. Having a child together does not make a couple spouses for property and pension division unless they meet the 2-year period, because that route is expressly excluded in Parts 5 and 6.

Separation can be tricky to date, so a few points are worth knowing:

• Spouses are not treated as separated if they reconcile within one year and live together for at least 90 days in total.
• Spouses may be separated even while living in the same home, and the court can consider a communicated intention to separate permanently as evidence.
• If you are unsure of your separation date, write down when you told your partner the relationship was over and how your living arrangements changed.

What can pause the clock, and the separate limit for agreements

The 2-year limit is suspended while the people involved are in family dispute resolution with a family dispute resolution professional or in a prescribed process. Informal talks between you and your former partner are different, so do not assume they stop the clock.

If you signed a property agreement and want it set aside or replaced, a separate 2-year window applies, running from when the spouse discovered or ought to have discovered the grounds. Grounds can include non-disclosure, improper advantage, not understanding the agreement, or significant unfairness. A court cannot override a written, witnessed agreement unless it is set aside.

What to do next

Treat the deadline as fixed and plan to start in time rather than testing how much flexibility there might be.

• Work out which trigger applies to you: a divorce judgment or nullity order, or your separation date.
• Note the date 2 years after that trigger in your calendar, with reminders well ahead.
• Gather your agreements, court orders, and records of when you separated or reconciled.
• If you are in family dispute resolution, keep records of when it started and ended.
• Speak with a lawyer early, especially if your separation date is disputed or you have an agreement you want to challenge.

Frequently asked questions