View Single Post
  #2 (permalink)  
Old 01-05-2006, 04:24 PM
Jeff's Avatar
Jeff Jeff is offline
Administrator
 
Join Date: Sep 2005
Location: Buried in paperwork
Posts: 467
Jeff is a splendid one to beholdJeff is a splendid one to beholdJeff is a splendid one to beholdJeff is a splendid one to beholdJeff is a splendid one to beholdJeff is a splendid one to beholdJeff is a splendid one to beholdJeff is a splendid one to behold
Default

As you correctly point out, there’s no statutory limitation to pursue a claim for spousal support under the Divorce Act.

Up until January 1, 2004, if you had a claim for spousal support under the Family Law Act, you had to pursue this within 2 years. This led to an inequality in that a previously married spouse could pursue spousal support after any length of time, but a previously common law spouse lost their claim after 2 years.

This has now been amended with the provision of the Limitations Act that you point out. So, now there is no longer a statutory time limit for pursuing spousal support.

As a practical matter, the longer you wait to pursue a spousal support claim, the harder it is to be successful. You can’t just sit around for 10 years and then expect to obtain spousal support as if nothing had happened.

While there are no statutory limits on pursuing spousal support, there is an equitable doctrine known as "laches" which essentially boils down to a general statement that delaying your claim will be prejudicial to you.

If your claim for spousal support under the Family Law Act arose prior to 2002 (normally your claim starts on the date of separation) it will be statutorily barred now as this new legislation isn’t retroactive.

There aren’t many time limits in family law. The only other one I can think of off the top of my head is regarding the division of property. An application to equalize net family properties must be brought:

(a) two years after the day the marriage is terminated by divorce or judgment of nullity;

(b) six years after the day the spouses separate and there is no reasonable prospect that they will resume cohabitation;

(c) six months after the first spouse’s death.
__________________
Ottawa Divorce
Reply With Quote