divorce agreement

Anonymous Asked:

I have been divorced since 1986 .I am now retired now and my income has dropped considerably. My income is oas and cpp only. Can I ask for half my ex husbands pension from air Canada (pilot) as this was never negotiated at the time of divorce? I did receive child support for 2 kids who are now adults. I also received 20.000 ( part of our rrsp) at the time of the divorce, and an old family car,but nothing else. I raised the 2 kids alone with very little support or help from their father as he went to live in Belize. Thank You>

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: In order to provide a responsible answer we need to read any existing separation agreements and/or Court Orders. If it is not possible to seek part of the pension as “property” then it may be possible to use the “in pay” pension income as a basis for a claim for spousal support.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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