Think about choosing an equalization payment
If you were legally to the person when they died, but not divorced, you can make an election. This means you decide if you want to take what you get from:
- the will, or the if they did not have a will, or
- an .
The equalization payment is based on how much the property you and your partner owned increased in value while you were married.
There are also some special rules on how to calculate the equalization payment if your partner left gifts for you in their will. Depending on what the will says, you might get these gifts and an equalization payment. Or the gifts may reduce your equalization payment.
The question “We’re married. What happens to my partner’s property if they die?” has more information about how to figure out the amount of an equalization payment.
Deadlines
You have to ask the court for an equalization payment within 6 months of your partner's death.
Married but separated
If you're when you die, your partner might still be able to get an equalization payment in family law. It depends on whether you resolved all your family law issues in a separation agreement, arbitration agreement, or court order, including the right to choose to receive an equalization payment.
In that situation they may not be able to get an equalization payment.
If you and your partner have not resolved your family law issues after you separate, including the right to choose an equalization payment, then they might be able to get it.
If your partner wants a court to decide their equalization payment, they must do this by whichever comes first:
- 6 years from the date you separated
- 2 years from the day your is finalized
If these deadlines pass before you die, then your separated partner cannot ask for an equalization payment.
But if the deadline has not passed, they must bring their claim within 6 months of your death.
Common-law partners cannot get an equalization payment.
