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Statute of limitations on spousal support or pension?

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Anonymous Asked:

My husband and I divorced in 2008. At that time I was anxious to move on and did not claim any spousal support or his pension. I was off for a few years with our child and lost money with my pension. We are re-calculating child support and I want to know if there is a statute of limitations on spousal support or pension since he is being less than agreeable now

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Jennifer M. Long, B.A. J.D.
5 years ago

Under s.7(3) of the Family Law Act, the limitation period for making an equalization claim is two years after the day the marriage is terminated by divorce. Since you divorced in 2008, you have missed the time period for making a claim to your husband's pension. However, even though the limitation period has expired, a party can seek an extension from the court to pursue equalization but will need to show that there was a good reason for the delay in raising the issue, and that the other party will not suffer substantial prejudice as a result of dealing with the issue now. You should speak to a lawyer about this issue in greater detail.
​ We would also need to know whether there was any sort of separation agreement signed or court order dealing with all matters, as if so, this can be very difficult to change. Again, you should speak to a lawyer immediately.​

There is no limitation period for making a claim for spousal support, however you will need to establish entitlement to spousal support, which is either needs-based or compensatory.
​ Again, it is important to know if any agreement was signed or court order about support, and you should also speak to a lawyer about whether a claim for spousal support is appropriate in your specific case.

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