Family Law Deadline Calculator Ontario

Quick Answer

What is the deadline for an equalization claim in Ontario? Under section 7(3) of the Family Law Act, an application for equalization of net family property cannot be brought after the earliest of: two years after the day the marriage is terminated by divorce, six years after the day the spouses separate with no reasonable prospect of resuming cohabitation, or six months after the first spouse’s death. A divorce on the ground of separation requires the spouses to have lived apart for at least one year before the divorce is decided (Divorce Act s. 8(2)(a)), and a divorce normally takes effect on the 31st day after the judgment (s. 12(1)).

Ontario Family Law Deadline Calculator

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How the calculator works

Earliest divorce (separation ground) = separation date + 1 year.
Divorce effective = judgment date + 31 days (or the certificate date you enter).
Equalization deadline = the earliest of: effective divorce date + 2 years; separation date + 6 years; date of death + 6 months.
Surviving spouse election = date of death + 6 months.
Common-law spouse for support = cohabitation start + 3 years.

Years and months are added on the calendar. When the same day does not exist (for example 29 February, or 31 August plus six months), deadlines use the last day of the month (the earlier, safer date) and “earliest possible” dates use the first day of the next month (the later, safer date).
The divorce period starts from the day the divorce takes effect, because under section 14 of the Divorce Act the marriage is dissolved when the divorce takes effect.
Dates that fall on a weekend are flagged. Ontario’s Legislation Act, 2006, s. 89 can extend a time limit that ends on a holiday or when the court office is closed, but you should not plan around that.

Worked example

A married couple separated on 15 March 2022. The earliest date the court could grant a divorce on the separation ground was 15 March 2023. The divorce order was made on 10 June 2023, so it took effect on 11 July 2023, the 31st day after the judgment.

Two years after the divorce took effect: 11 July 2025.
Six years after separation: 15 March 2028.

The equalization deadline is the earlier date, 11 July 2025. Many people are surprised that a divorce can shorten the six-year period this way.

Rules checked and rules left out

Checked: Divorce Act s. 8(2)(a), s. 8(3)(b)(ii) (reconciliation attempts totalling 90 days or less do not interrupt separation), s. 12(1) and s. 14; Family Law Act s. 6(10), s. 7(3), s. 2(8) and s. 29; Limitations Act, 2002, s. 16(1)(c).
Spousal support: there is no limitation period for a claim for support under the Family Law Act (Limitations Act, 2002, s. 16(1)(c)). Waiting can still reduce retroactive support, so the calculator shows a warning rather than a date.
Not calculated: limitation periods for unjust enrichment and other property claims between unmarried partners, appeal deadlines, deadlines in court rules, and claims against an estate other than the equalization election. These depend on facts the calculator cannot assess.

Limitations

The separation date itself is often disputed. A different date changes every result.
A court may extend a Family Law Act deadline under section 2(8) only if there are apparent grounds for relief, the delay was incurred in good faith and no one will suffer substantial prejudice. Do not count on an extension.
If a divorce was appealed or the court ordered an earlier effective date, the 31-day rule does not apply. Use the date on the Certificate of Divorce.
These are last possible dates. Start the conversation with a lawyer well before them. See our divorce and property division pages.

Frequently Asked Questions

How long do I have to claim equalization after divorce in Ontario?

Under Family Law Act s. 7(3), an equalization application must be started no later than the earliest of two years after the divorce takes effect, six years after separation, or six months after a spouse’s death. A divorce can therefore shorten the six-year period.

How soon can I get a divorce in Ontario after separating?

On the separation ground, the spouses must have lived separate and apart for at least one year before the court decides the divorce (Divorce Act s. 8(2)(a)). You can start the application earlier, but the divorce cannot be granted until the year has passed.

When is a divorce final in Ontario?

Under section 12(1) of the Divorce Act, a divorce takes effect on the 31st day after the day the judgment is rendered, unless there is an appeal or the court orders an earlier date with the spouses’ agreement not to appeal. The Certificate of Divorce states the effective date.

Is there a deadline to claim spousal support in Ontario?

There is no limitation period for a claim for support under the Family Law Act: section 16(1)(c) of Ontario’s Limitations Act, 2002 excludes it. Delay can still limit retroactive support, and a divorce or agreement can affect the claim, so get advice early.

What happens if I miss the equalization deadline?

A court may extend the time under Family Law Act s. 2(8) only if there are apparent grounds for relief, the delay was in good faith and no one will suffer substantial prejudice. Extensions are not automatic, so treat the deadline as final.

Sources

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Legal review: Reviewed by Deepa Tailor, Founder & Managing Director · September 2026. Calculator version: 2026-09-26. Prepared by Tailor Law Professional Corporation from the official sources listed above.

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This calculator provides general information about Ontario family law and an estimate based only on the figures you enter. It is not legal advice and does not create a lawyer-client relationship. Results can differ from what a court orders or what parties agree. Speak with a lawyer before relying on any figure.

Family Law Deadline Calculator for Ontario