There are numerous deadlines and limitation periods one should know when dealing with a separation, divorce or other family law matters.
If you are separating from your spouse or have already separated, the information below will help you understand the timeframes for making a claim for property division, spousal support and/or child support, depending on your circumstances. It’s important to know the limitation periods for making these types of claims so that you don’t miss important deadlines. Missing these deadlines can mean losing your legal rights permanently, even if you have a valid claim.
A limitation period is a maximum time limit to commence a legal claim after an event has occurred such as a separation or divorce. Limitation periods exist to ensure fairness and prevent a person from making a claim years down the road. Knowing these timelines can help you understand your rights as a spouse and/or parent and avoid disappointment when you were entitled to support payments or interest in property but the clock has run out.
In this guide, you will learn:
• Limitation periods for property claims and spousal support after a divorce or separation, for both married and common-law spouses.
• Limitation periods for child support claims including child support from a step-parent.
• Limitation periods for claiming Canada Pension Plan credits.
Property Claims and Spousal Support
For married spouses, the limitation period to commence a claim for division of family property and debt, pension division and/or spousal support is two years from either the date the divorce is granted by a judge or the date the marriage is nullified by court order.
For unmarried spouses in a common-law or marriage-like relationship, the limitation date is two years from the date the spouses separate.
These limitation periods are pursuant to section 198(2) of the Family Law Act and each depends on whether the spouses are married or common-law.
Child Support
Child support claims do not have the same time-limits. Child support is considered a right of the child, not the parent. In the case of a claim for child support from a step-parent however there is a limitation period of one year. A step-parent has a duty pursuant to section 147(4)(a) of the Family Law Act to pay child support if they contributed to the child’s day to day cost of living for one year or more and section 147(4)(b) states that the claimant must commence such a claim within one year from the date the step-parent last contributed.
Canada Pension Plan Credits
For married spouses, either spouse can make a claim to divide CPP credits at any time unless one of the spouses dies, in which case the surviving spouse must make a claim within three years.
FAQ
1) What is pension division?
When spouses separate, pension benefits (such as CPP) can be divided to allow for a fair distribution of pension credits earned during the relationship.
2) How is spousal support calculated in B.C.?
The Spousal Support Advisory Guidelines (SSAGs) provide a framework for calculating support amounts and durations and are based on a number of factors such as the age of the spouses, their incomes, and the duration of their relationship.
3) When are spouses considered to be common-law in B.C.?
Under the Family Law Act, spouses are considered to be in a common-law relationship if they have lived together in a marriage-like relationship for at least 2 years. Common-law spouses carry many of the same legal rights and responsibilities as married couples, especially concerning property division, spousal support, and parental responsibilities.
Deborah A. Todd
