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Can I make a claim for 1/2 of his company pension?

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Anonymous Asked:

After 10 years of not a legal seperation my husband is filing for a divorce. Can I make a claim for 1/2 of his company pension when he passes?

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It is very important that you telephone me at 866-557-3222 for a free consultation. You have mentioned a separation of 10 years. Ordinarily separating spouses, in Ontario, are entitled to an equalization of net family property under the Family Law Act. This includes a requirement, in your case, of your husband obtaining a value for his pension which would then be included in the overall property settlement. However, there is a limitation period in Ontario of six years from the date of separation, or two years from the date of a divorce, (if a spouse has not passed away) whichever comes first. This is a very important issue for you and, accordingly, I once again recommend that you telephone me so that I can ask you some questions and provide you with specific guidance taking into consideration a potential limitation period concern.

(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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