Is There a Time Limit to Claim Property or Support After Separating in BC?

After a relationship ends, it is easy to put off the hard questions about the house, the savings and support. In British Columbia, though, claims for property or debt division, pension division and spousal support must be started within 2 years.

This article explains how the two-year limit in the Family Law Act works, who it applies to, which claims it leaves out, and the exceptions. Deadlines depend on your facts, so treat this as a general guide and confirm your dates with a lawyer.

This article covers the law of British Columbia.

Who counts as a spouse under the Family Law Act

The deadline applies to spouses, so the first question is whether you are one. A person is a spouse if they are married, or if they 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.

There is an exception for couples who have a child together. Outside the property division and pension division parts of the Act, an unmarried person who has lived in a marriage-like relationship and has a child with the other person is a spouse even without 2 years together. That means this route can apply to spousal support, but it does not apply to property or debt division.

A relationship begins on the earlier of the date the couple began living together in a marriage-like relationship or the date of their marriage.

The basic two-year rule

A family law proceeding may generally be started at any time, subject to the Act. The important exception is that claims for property or debt division, pension division and spousal support must be started within 2 years.

BC government guidance says the same for property: married spouses must apply within two years after getting a divorce order, and unmarried couples who lived together in a marriage-like relationship for at least two years must apply within two years of their separation date.

Because the start date matters so much, the date of separation can become a real issue. Spouses can be separated while still living in the same residence, but BC government guidance says this requires a clear intention of permanent separation that has been communicated and acted upon. The court may consider evidence such as one spouse telling the other they intend to separate permanently.

What the two-year limit does not cover

• Child support and parenting claims are not subject to the two-year limit, which covers only property, pension and spousal support claims.
• Each parent and guardian has a duty to provide support for a child.
• A married person claiming spousal support under the federal Divorce Act has no time limit, whereas under the Family Law Act the two-year limit applies.

Which law you claim under therefore matters. The Family Law Act applies to married and unmarried spouses for property, debt, support and children, while the Divorce Act applies only to married spouses and governs divorce and its related support and parenting orders. Which route suits you depends on your facts, so ask a lawyer before assuming a deadline does not apply.

Other exceptions and the clock stopping

• A spouse may apply to set aside a property or spousal support agreement within 2 years after first discovering, or reasonably ought to have discovered, the grounds.
• The 2-year limit does not apply to spousal support reviews under sections 168 or 169.
• The time stops running during family dispute resolution or a prescribed process.

Family dispute resolution is a process used to try to resolve a family law dispute outside court. If you are using one, ask a lawyer how it affects your particular dates.

A court can extend or suspend limits only as the Act and the Limitation Act allow, so do not count on an extension.

Where property claims are decided and what to do next

Property division is decided in the Supreme Court, because the Provincial Court does not have jurisdiction over property division except for companion animals. A spouse may apply for property division orders at any time before a final agreement or final order is made, as long as the time limit has not passed.

• Write down the date you began living together, the date you married if applicable, and your separation date.
• Note the date of any divorce order, since married spouses count from it.
• Gather any separation or property agreements and ask when you first learned of any problem with them.
• Do not assume child support or parenting issues are on the same clock.
• Speak to a lawyer early to confirm your deadline and whether it has been paused.

Frequently asked questions