Ontario Family Law Limitation Periods
Meet Provincial & Federal Requirements in Your Family Law Case
A limitation period is the maximum length of time for making a claim under a provincial or federal statute or rule. There are several limitation periods applicable to family law procedures, and prudent clients should be aware of upcoming deadlines.
For example:
- The Family Law Act requires married spouses to make a claim for equalization (equal division) of net family property within the earliest of: 6 months after the first spouse’s death, 2 years after a divorce has been ordered, or 6 years from the date of separation. A failure to make a claim within the limitation period will bar the claimant from recovering a share of net family property. (If you are a common-law spouse, it is important to seek legal advice as you may be eligible to make a property claim through a device known as a constructive trust.)
- Canada’s Pension Plan (CPP) Act allows former spouses and partners to apply for a division of pension plan credits. The Act stipulates that there is no time limit for a formerly married spouse to make an application to divide CPP credits after a divorce is granted. However, common-law partners must be separated for at least 1 year, and the applicable limitation period is 3 years. Additionally, in the event of a spouse’s death, there is a limitation period of 3 years.
Be sure to observe all limitation periods applicable to your case. Call our Ontario family law lawyers at (905) 581-7222 to learn more.
Meet Our Dedicated Team of Lawyers
Over a Century of Collective Experience
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Andrew Feldstein FounderRead BioAndrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.
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Daphna Schwartz LawyerRead Bio
Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously practising family law in the Barrie area. Her practice includes all areas of divorce and family law, including custody and access, child support, spousal support, and property issues. Daphna is also qualified to practise Collaborative Family Law.
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Anna Troitschanski LawyerRead Bio
Anna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, and division of property.
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Nick Slinko LawyerRead Bio
Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and Philosophy. Nick graduated in 2007 with an Honours Bachelor of Arts degree. He proceeded to earn a Juris Doctor in Law at the University of Western Ontario in 2011. Nick was Called to the Bar in June of 2012 after completing his Articling term with the Feldstein Family Law Group, P.C. He became an associate with the firm immediately thereafter.
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Veronica Yeung LawyerRead Bio
Veronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer.
Veronica attended York University for her undergraduate studies and graduated as a member of the Dean’s Honour Roll when she obtained her Bachelor’s degree in Honours Criminology.
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Shana Gordon-Katz LawyerRead Bio
Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law.
Shana attended the University of Western Ontario for her undergraduate studies, where she graduated as the gold medalist of her program, Honors Specialization in Classical Studies.
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Rachel Zweig LawyerRead Bio
Rachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. Following her Call to the Ontario Bar in April 2021, Rachel was welcomed back to the firm as an Associate.
Prior to completing her legal studies and obtaining her Juris Doctor at the University of Ottawa, Rachel obtained her Bachelor’s Degree at Ryerson University with a major in English Literature.
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Lauren Harvey Associate LawyerRead Bio
Lauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. Following her Call to the Ontario Bar in April 2022, Lauren was welcomed back to the firm as an Associate.
Prior to completing her legal studies and obtaining her Juris Doctor at the University of Western Ontario, Lauren obtained her Honour’s Bachelor of Arts Degree at Wilfrid Laurier University majoring in Criminology and minoring in Law and Society.
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Quinn Held Associate LawyerRead Bio
Quinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, where she was exposed to various complex Family Law matters. Following her Call to the Bar of Ontario in June 2022, she became an Associate with the Feldstein Family Law Group.
Prior to obtaining her Juris Doctor from the University of Windsor, Quinn obtained her Honour’s Bachelor of Arts Degree at the University of Guelph majoring in Criminal Justice and Public Policy and minoring in International Development.
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Kyla Johnson Associate LawyerRead Bio
Kyla is an approachable, understanding, and motivated advocate. This enables her to build strong relationships with clients. Her practice includes all areas of family law including parenting time, decision-making responsibility, child support, spousal support, division of property and divorce.
