- An equalization application must be brought by the earliest of two years after divorce, six years after separation, or six months after a spouse's death.
- CPP credit splitting has its own, different time limits, especially for common-law partners.
- Common-law property and spousal support deadlines depend on the facts, so get advice promptly rather than assuming you have time.
- Moving a child can trigger notice and objection periods measured in days, not years.
Many people put off dealing with the legal side of separation. There is grief, housing and children to manage first. Then months or years pass and you start to wonder whether you have missed your chance.
Different claims run on different clocks, and some start on separation while others start on divorce. This article sets out the deadlines we can state with confidence, flags the ones that turn on your facts, and explains what to do if you are already late.
Equalization: the property deadline for married spouses
An application for an equalization payment must be brought by the earliest of three dates: two years after the day the marriage is ended by divorce or judgment of nullity, six years after the day the spouses separate with no reasonable prospect of resuming cohabitation, or six months after the first spouse's death. Ontario.ca puts it simply: six years from separation or two years from the divorce being final, whichever comes first.
Notice that the divorce can shorten your time. That is why a divorce date matters to your property rights, not just to your marital status.
How the main deadlines compare
| Claim | Deadline | Starts from |
|---|---|---|
| Equalization application | Earliest of 2 years, 6 years or 6 months | Divorce, separation, or a spouse's death |
| CPP credit split, divorce or separation of spouses | No time limit, unless a spouse dies (then 36 months) | Death of the spouse |
| CPP credit split, common-law | 48 months, unless the former partner is alive and agrees in writing to waive it | Starting to live apart |
| Objecting to a child relocation (Divorce Act) | 30 days | Receiving the notice |
The Canada Pension Plan itself describes the common-law limit as four years after the partners began living separate and apart, unless both agree in writing to a later application.
Common-law property and spousal support
Common-law partners are not spouses for the purposes of the equalization rules, and they are not legally required to split property acquired during the relationship. How time limits apply to a common-law property claim depends on your situation, so it is worth confirming with a lawyer. Do not rely on the six-year equalization period for that kind of claim; speak to a lawyer soon.
Spousal support is similar. Whether you qualify depends on need, ability to pay, and the nature of your relationship. A fixed filing deadline is not something to assume either way. How delay might affect your situation depends on the facts, so get advice on your own timeline.
If you already have an order or agreement, changes follow different rules. Before varying a spousal support order, a court must be satisfied that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the order was made or last varied.
Other clocks that may be running
- Divorce: you can apply on the one-year separation ground if you are living apart when you apply, but you must have lived apart at least one year before the divorce is granted.
- Reconciliation: living together again for no more than 90 days in total, with reconciliation as the main purpose, does not interrupt the one-year separation period.
- Child relocation under the Divorce Act, which applies to parents who are or were married and who have a Divorce Act order: notice must be given at least 60 days before the move, and the other person has 30 days after receiving it to object. Never-married parents are governed by the Children's Law Reform Act, so confirm the timing that applies to you with a lawyer.
- CPP survivor's pension: a separated legal spouse who received an approved credit split in January 2025 or later is not eligible for a survivor's pension from the same contributor, with limited exceptions.
Pension division on marriage breakdown follows its own process, starting with a request for a Family Law Value statement on Family Law Form 1. Timing rules for that process are worth confirming with a lawyer.
If you are close to a deadline or have missed one
- Write down the date you separated, and the date of any divorce, with proof where you have it.
- Check whether a divorce has been granted, since the two-year equalization period runs from the day the marriage is ended by divorce or judgment of nullity.
- Note whether a spouse has died or whether you are common-law, since different time limits apply.
- Gather financial records now, even if you are not ready to start a case.
- Book a legal consultation before assuming a claim is lost.
Property and divorce matters are decided in the Superior Court of Justice, not the Ontario Court of Justice. If you may already be late, how that affects your options depends on your situation, so it is worth confirming with a lawyer.
Frequently asked questions
I separated seven years ago. Is it too late for equalization?
The general rule is that an application must be brought by the earliest of two years after divorce, six years after separation, or six months after a spouse's death. On those dates alone, seven years after separation would usually be past the limit. A lawyer can check your dates and whether anything affects them.
Does the clock stop if we got back together for a while?
A reunion of no more than 90 days in total, with reconciliation as its main purpose, does not interrupt the one-year separation period for divorce. How that affects other deadlines depends on your facts, so confirm it with a lawyer.
Is there a deadline to split CPP credits?
For divorce or separation of spouses, there is generally no time limit unless a spouse dies, in which case it is 36 months from death. For common-law unions it is 48 months from starting to live apart unless the former partner is alive and agrees in writing to waive it.
Is there a deadline for asking for spousal support?
It depends on your situation, and you should not assume you have unlimited time. Support is not automatic and turns on need, ability to pay and your relationship. Ask a lawyer about your timeline as soon as you can.
Sources
- Justice Laws – Divorce Act s.16.9 — Justice Laws (federal)
- Justice Laws – Divorce Act s.16.91 — Justice Laws (federal)
- Ontario Court Forms – CLRA Notice of Relocation — ontariocourtforms.on.ca
- Justice Laws – Divorce Act s.8 — Justice Laws (federal)
- Justice Canada – Fact Sheet: Divorce — justice.gc.ca
- Justice Laws – Divorce Act s.17 — Justice Laws (federal)
- Ontario.ca – Spousal support — ontario.ca
- Ontario e-Laws – Family Law Act (consolidation from Jan 1, 2012) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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