How is an Ontario pension evaluated and paid out during a divorce ?

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How is an Ontario pension evaluated and paid out during a divorce (we have been separated for several years and my spouse is retired and already receiving pension benefits)

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

10 years ago

Answer: A pension is “property” and must be valued (by his pension plan administrator after the proper forms/information/fee are provided) to be included as part of the overall “equalization of net family property” calculations.

You say that you have been separated for “several years.” There is a limitation period of two years from the date of divorce, or 6 years from the date of separation, whichever comes first, for the making of property claims.

His income stream, through his pension and other entitlements, can also be used for spousal support considerations. This is separate from the property division analysis noted above.

If you wish an analysis that is specific to your case, then please call me at 1 888-501-3966 for a free consultation.

(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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