pension division in a divorce

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My husband and i are separating and i was wondering about his pension.. i have been told that i can only collect for the time we lived together.. as we married later in life... he retired after we were married and started receiving a pension.. i retired a year after him.. how long am i entitled to collect part of his pension
we have been married for 12 years

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

10 years ago

Answer: The pension is property. As part of the division of property, termed the “equalization of net family property,” the pension will have to be valued. Yes, it is true that the pension accumulation during the course of your marriage only is what is relevant. However, there is also, potentially, an issue of spousal support. The treatment of pensions is complicated – and we would need exact facts before we can provide reliable legal advice applicable to your case.

(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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