Family Law Limitation Periods in Ontario

Missing a family law deadline in Ontario can cost you everything. Property rights, support payments, even your ability to see your children—all can disappear if you don’t act within strict time limits. 

Important Things to Remember: 

• Married spouses have the earlier of 6 years from separation, 2 years from divorce, or 6 months after a spouse’s death to make property claims.

• Common-law partners have only 2 years from separation to bring claims—no automatic property rights.

• Spousal and child support claims have no firm deadline, but delay weakens your case.

• Parenting applications (custody/access) have no limitation period, but courts value stability—so timing still matters.

• Retroactive child support is usually limited to 3 years, unless the other parent was dishonest.

• Courts enforce these deadlines strictly. Extensions are rare.

• If you miss the deadline, your claim is likely gone—permanently.

Read more for everything you need to know about family law limitation periods in Ontario, and why every day matters when your relationship ends.

Why Do These Deadlines Even Exist?

Think about it—would you want your ex showing up in court demanding money from you ten years after your breakup? That’s exactly why limitation periods exist.

These deadlines serve three main purposes. First, they ensure evidence is still fresh when cases go to court. Witnesses remember what happened, documents haven’t been lost, and financial records are still available. Second, they give everyone certainty. You can move on with your life knowing you won’t face surprise lawsuits years down the road. Third, they force people to deal with their legal issues promptly rather than letting them fester indefinitely.

Which Laws Set These Deadlines?

Four main pieces of legislation control family law limitation periods in Ontario:

The Family Law Act governs property division for married couples and sets some of the strictest deadlines you’ll encounter. The Succession Law Reform Act, 1990,  is the law about what happens when someone dies and the time limits associated with claims in a will. The Divorce Act is federal legislation that handles divorce, child support, and spousal support for married couples. The Children’s Law Reform Act covers parenting matters like custody and access.

Recent updates to the Family Law Act extend to June 5, 2025, keeping the legislation current with changing family needs.

Property Division Deadlines—The Strictest Rules in Family Law

Here’s where things get serious. Miss these deadlines, and you could lose hundreds of thousands of dollars in property rights.

How Long Do Married Couples Have to Claim Property?

If you’re married, you get the earliest of three deadlines:

• 6 years from separation
• 2 years from divorce
• 6 months after your spouse dies

That’s it. Whichever comes first wins, and there’s no negotiating with the calendar.

Here’s what catches most people off guard: the six-year clock starts ticking from your separation date, not your divorce date. So if you separate but don’t divorce for five years, you’ve only got one year left to claim your share of property—regardless of when you actually file for divorce.

Courts can extend these deadlines, but only in exceptional circumstances. You’d need to prove your delay was made in good faith, that you have valid grounds for your claim, and that extending the deadline won’t unfairly prejudice your ex-spouse. Good luck with that—judges rarely grant extensions.

What About Common-Law Partners?

Common-law couples face even tighter restrictions. You don’t get automatic property rights under the Family Law Act. Instead, you’ll need to pursue claims through legal concepts like “unjust enrichment” or “constructive trust.”

The deadline? Two years from separation under the general Limitations Act. That’s it. No six-year safety net, no alternative deadlines. Two years, and you’re done.

When Does the Clock Actually Start Ticking?

Determining your separation date isn’t always straightforward. Courts look at several factors:

• When you stopped living together as a couple
• When you told each other (or others) that the relationship was over
• Whether you continued presenting yourselves as a couple publicly
• How you handled finances and living arrangements

Sometimes couples live in the same house after separating. Courts will examine whether you were truly living “separate and apart”—separate bedrooms, separate finances, no joint social activities.

Document everything. Keep emails, texts, or any communications showing when you decided to end the relationship. These records could be crucial if there’s ever a dispute about your separation date.

Support Claims—More Flexible, But Timing Still Matters

Unlike property claims, support doesn’t have hard deadlines. But don’t think that means you can wait forever.

Can You Claim Spousal Support Years After Separation?

Technically, yes. There’s no limitation period for claiming ongoing spousal support, whether you’re married or common-law.

But here’s the catch: courts will question why you waited so long. If you’ve been supporting yourself successfully for years, a judge might wonder why you suddenly need help now. The longer you wait, the harder it becomes to convince a court you actually need support.

Courts consider factors like the length of your relationship, the roles you each played, your current financial situation, and your ability to become self-sufficient. If you’ve been managing fine on your own, that works against your support claim.

What About Challenging a Support Agreement?

If you want to set aside a spousal support agreement, you typically have two years from discovering grounds to challenge it. This might apply if your ex-spouse hid assets when you negotiated the agreement or if there was pressure or duress involved.

Child-Related Claims—The Child’s Best Interests Rule Everything

When kids are involved, the usual limitation period rules go out the window. The child’s best interests trump almost everything else.

Is There a Deadline for Custody or Parenting Time Applications?

Nope. There are no limitation periods for applications about decision-making responsibility (custody) or parenting time (access).

Why? Because children’s needs change as they grow. A parenting arrangement that worked for a toddler might not work for a teenager. Parents’ circumstances change too—new jobs, new relationships, health issues.

But don’t think timing doesn’t matter. Courts heavily weigh the existing arrangements (the “status quo”) when making decisions. If an arrangement has been working for years, judges are reluctant to change it without compelling reasons.

How Far Back Can You Claim Child Support?

There’s no deadline for ongoing child support as long as your child qualifies. But retroactive support—claiming money for past periods—is different.

Courts typically apply a presumptive three-year limit for retroactive support, calculated from when you first asked the other parent for support. This request can be informal—an email, text, or even a conversation.

The three-year rule isn’t set in stone. Courts can go further back if:

• The paying parent hid income or avoided their obligations
• You had a reasonable excuse for not seeking support earlier
• It’s in the child’s best interests
• A retroactive award won’t cause undue hardship

What About Child Protection Cases?

Children’s Aid Societies can apply for protection orders whenever they believe a child needs protection—no time limits apply.

Once a case starts, though, strict procedural timelines kick in:

• CAS must appear in court within 5 days of taking a child into care
• Parents have 30 days to file their response and care plan
• Status reviews must be filed before existing orders expire

When Do These Clocks Actually Start Running?

Understanding when limitation periods begin is crucial, and it’s often more complicated than you’d expect.

The Discovery Rule—When You Didn’t Know You Had a Claim

Sometimes the limitation period doesn’t start when the event happened—it starts when you discover you had a claim.

This “discovery rule” is particularly relevant when spouses hide assets. If your ex-spouse secretly transferred money to offshore accounts during your marriage, your limitation period might not start until you discovered those hidden assets, not from your separation date.

But courts won’t let you claim ignorance forever. They’ll consider whether you should have discovered the problem earlier through reasonable investigation. If there were obvious red flags that you ignored, the limitation period might have started earlier than when you actually found out.

Special Circumstances That Pause the Clock

Certain situations can pause or “toll” limitation periods:

Mental incapacity: If you can’t manage your affairs due to mental illness or incapacity, limitation periods may not run until you recover or someone is appointed to act for you.

Minors: Limitation periods typically don’t run against children until they turn 18.

COVID-19: Ontario suspended most limitation periods from March 16 to September 14, 2020, due to the pandemic. This historical pause affected cases during that period.

Special Rules for Specific Claims

Some family law claims follow their own unique timelines that don’t fit the general patterns.

Canada Pension Plan Credit Division

The rules differ based on your relationship status:

• Married spouses: No time limit after divorce is granted
• Common-law partners: Must apply within 3 years of separation
• Death of spouse: 3-year limitation period applies

Estate Claims for Common-Law Partners

Recent Ontario Court of Appeal decisions clarified that common-law partners have only two years from a spouse’s death to make claims against the estate. This represents a significant tightening of previous law, so common-law partners need to act quickly if their partner dies.

What Happens When You Miss a Deadline?

The consequences are severe and usually permanent.

Courts Have No Choice—Your Claim Gets Dismissed

When you file a claim after the limitation period expires, courts must dismiss it. They don’t have discretion to consider the merits of your case or how strong your evidence might be. The law is clear: miss the deadline, lose your rights.

You might also have to pay the other party’s legal costs, adding financial insult to injury.

Extensions Are Extremely Rare

Don’t count on getting an extension. Courts have repeatedly emphasized that limitation periods in family law are meant to be strictly enforced. Ignorance of the law, financial difficulties, or emotional distress following separation aren’t sufficient grounds for extensions.

The Family Law Act does provide some discretion for extending property equalization deadlines, but judges rarely use it and require meeting very strict criteria.

Frequently Asked Questions

I’ve been separated for 5 years but never divorced. Can I still claim property?

If you’re married, you’re cutting it close. You have six years from separation OR two years from divorce—whichever comes first. At five years from separation, you’ve got roughly one year left. Don’t wait any longer. Contact us immediately to protect your rights.

My ex hid assets during our relationship. Does this change the deadline?

A: Potentially. The “discovery rule” means your limitation period might not start until you knew or should have known about the hidden assets. But this depends heavily on your specific circumstances and requires legal analysis to determine how it applies to your case.

Can I get retroactive child support for the past 10 years?

Courts typically presume a three-year limit for retroactive support, but this can be extended if the other parent engaged in blameworthy conduct like hiding income. The specific facts of your case determine what’s possible.

What’s different about limitation periods for married vs. common-law couples?

Married spouses get six years from separation for property claims under the Family Law Act. Common-law partners get two years under the general Limitations Act and must pursue different types of claims. The difference can be financially devastating if you don’t understand your status.

I signed a separation agreement, but my ex wasn’t honest about their finances. Can I challenge it?

You may be able to set aside the agreement if there was material non-disclosure, but you typically have two years from discovering the problem. You’ll need solid evidence of the non-disclosure and must act within the time limit.

Don’t Let Time Run Out on Your Rights

These deadlines aren’t suggestions—they’re absolute. Miss them, and you could lose hundreds of thousands of dollars in property rights or support payments that could have secured your future. The family law team at Alves Law knows how devastating these missed deadlines can be. We’ve seen clients lose their homes, their retirement savings, and their financial security simply because they didn’t understand the time limits or thought they could wait a little longer.

Here’s what you need to remember: married spouses have six years from separation for property claims, common-law partners have two years, support claims don’t have formal deadlines but delay weakens your case, and parenting applications have no time limits but timing affects outcomes. Most importantly, extensions are rare and shouldn’t be counted on.

Contact Alves Law today for a confidential consultation. We’ll help you understand your specific deadlines and take immediate action to protect your interests. Don’t gamble with your financial future by assuming you have more time than you actually do.

Understanding why it’s important to have a family lawyer becomes critical when limitation periods are involved. The complexity of these rules, combined with their strict enforcement, means professional guidance isn’t just helpful—it’s essential.

For additional information and resources about family law matters, visit our comprehensive resources section. Our family law practice handles all aspects of family legal matters, ensuring that critical deadlines are met while protecting your long-term interests.

Every day counts when it comes to family law limitation periods in Ontario. Act now to secure your future.