Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Statute of limitations on spousal support or pension?

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

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

Expert Comment:

Notify of
1 Comment
Newest Most Voted
Inline Feedbacks
View all comments
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.

Latest Questions Asked:

DC Icon

Simple Divorce

We have already settled support and property division so it is just a matter of getting a divorce. He wants to serve me with papers, or have me go to his lawyers since I am not protesting the divorce do I have to do anything and will it cost me money? ...

DC Icon

Is the 6 year rule for settlement of home and assets written in stone or can it be extended?

My husband and I have been separated for 6 years this coming August. Can I ask for an extension to the time limit or can it be extended at all? If my husband who has moved out and is living with someone else and has a home together will not agree on a ...

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

DC Icon

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

See All Questions
Would love your thoughts, please comment.x