Interest on Unpaid Equalization Payments in Ontario

If your spouse owes you an equalization payment and has not paid it, you may wonder whether the debt grows while you wait. If you are the one who owes the money, you probably want to know what delay could add to the amount.

Ontario publishes interest rates for money claims in court. This article explains how those published rates work, what is fixed for 2026, and which questions still depend on your particular claim.

Two kinds of interest: before and after judgment

Courts use two different rates. Prejudgment interest runs on a claim before the court makes its order. Postjudgment interest runs on the amount after the order awarding money. Ontario publishes both under the Courts of Justice Act.

The quarter matters. Prejudgment interest uses the rate for the quarter when the civil case was started, meaning when the first court document was issued. Postjudgment interest uses the rate for the quarter when the court made the order awarding money, and that rate stays fixed for partial payments.

The published rates

For 2026, the postjudgment rate is 4.0% in every quarter. The prejudgment rate, for causes of action arising after October 23, 1989, is 2.5% in every quarter of 2026. The earlier years below are given for comparison.

Because the rate follows the quarter that applies, two people with similar claims can end up with very different interest depending on when the case started or when the order was made. Rates can also change, so check the current published table for the quarter that matters to you.

What can override the table

A rate set by contract or by a specific law overrides the table. If you have a separation agreement or another written agreement that sets out interest on late payments, that wording needs to be read carefully before you rely on the published rates.

Which rate a family court applies to an equalization payment in particular depends on how the Family Law Act and the Courts of Justice Act apply to your order. It also depends on whether the court has a discretion to order something different. Those are points to confirm with a lawyer rather than assume.

A simple way to think about the cost of delay

• Find the quarter when the court case was started, because that sets the prejudgment rate.
• Find the quarter when the order for payment was made, because that sets the postjudgment rate.
• Check whether any agreement or specific law sets a different rate.
• Remember that a partial payment does not change the postjudgment rate, which stays fixed.

For 2026, that means a court case started in any quarter uses 2.5% for prejudgment interest and an order made in any quarter uses 4.0% for postjudgment interest, if the table applies to the claim. For earlier years, the rate varies by quarter, as the comparison table shows.

What to do next

Whether you are owed money or owe it, do not wait on the question of interest. It is part of the claim and may need to be raised when the case is started or when the order is sought. The exact steps for asking for it depend on the court process, so a lawyer can confirm them for you.

• Write down the date any court case was started and the date of any order for payment.
• Gather the separation agreement, minutes of settlement or order that sets out the payment.
• Check those documents for any wording about interest or late payment.
• Look up the current published rates for the right quarter on Ontario's website.
• Keep a record of any partial payments, with dates and amounts.
• Ask a family lawyer whether interest should be claimed and how.

Frequently asked questions