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Does my ex has a right to claim my pension?

Posted in Divorce, Location, Ontario, Toronto Downtown Core by Questions on November 28, 2015

Anonymous Asked:

I was officially divorced in July 2013. The separation agreement did not address my pension nor my CPP. My ex has not worked for a number of years and thus I am forced to pay spousal support and that is primarily what was addressed in our agreement. There was no mention of my pension at all or how it would be divided. I recall my lawyer mentioned that if it goes beyond 2 years from the date of divorce and my ex does not bring up the subject of pensions nor tried to claim on them, that he will not be able to legally do so. Is that true? Or can he claim at any time?

1 Expert Comment

  1. On November 29, 2015 at 6:51 am
    Andrew J. Kania, LL.B., LL.M. said:

    In order to provide you with proper guidance I would first need to read the separation agreement that you have mentioned. You are welcome to telephone me at 905-451-3222 and make arrangements to e-mail it to me. I am then willing to provide you with a free consultation once I have read it.
    I will state that there is a limitation period for the making of an equalization of net family property claim pursuant to the Family Law Act. The limitation period is two years from the date of divorce, or six years from the date of separation, whichever comes first. Once that limitation period has been missed then, unless a Court agrees to extend it based on the common-law (which is difficult), no further claims can be made for the equalization of net family property. However, I repeat what I noted above, which is that I must read your separation agreement prior to knowing whether this limitation period would provide protection to you based on your unique facts. Once again, you are welcome to telephone me for a free consultation.

    (The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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