How much of my pension is she entitled to?

Posted in Divorce, Location, Ontario, Sarnia by Questions on December 23, 2014

I was married for 25years and am moving towards retiring and she wants partial payments from my pension. I do not understand what she is entitled to. Is there a formula or a chart that states what the entitlement would be such as a percentage

1 Expert Comment

  1. On December 23, 2014 at 1:39 pm
    A Family Lawyer said:

    Your pension is both an asset and an income source. If you have equalized your assets, then you will need to obtain actuary advice as to the portion of the pension that was previously equalized. There is law, Boston v. Boston, dealing with double dipping on a pension. There are also exceptions to the double dipping rule. The formula used to determine the appropriate amount of spousal support are the Spousal Support Advisory Guidelines. However, until you have determined the appropriate income to use for you, then it is premature to resort to the support calculations. It is best to consult with a family law lawyer to discuss whether you have a previous court order or agreement, and whether your property was divided, and if not what the implications are going to be if the other spouse does divided your property. The family law lawyer will want to be involved throughout the process to ensure that all issues are included into the drafting of an agreement.

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