Do we split his union pension funds?

You raise two issues. First, property division, known as an “equalization of net family property.” Second, a possible entitlement to spousal support.

In terms of the equalization of net family property, I first need to know whether you have either a Court Order or a signed Separation Agreement. If so, I will need to read it in order to provide proper guidance to you, in terms of whether it is possible to receive a portion of his pension. It is also noteworthy that there will be some limitation period that applies to your facts. For example, in Ontario you must commence a claim, for the ‘equalization of net family property,’ either within two years from the date of divorce, or six years from the date of separation, whichever comes first. Thus, in order for me to provide proper guidance to you I recommend that you telephone me at 877-668-9386 for a free consultation.

In terms of the second issue that you have raised, namely your possible entitlement to spousal support, please see my above comments. However, I do wish to add that it may be possible to make a successful claim for spousal support even if it is too late to seek an equalization of net family property (which would include the pension), but once again I first need to know about where there is a Court Order or a signed Separation Agreement, as stated above. As further noted above, I recommend that you telephone me for a free consultation and after asking you relevant questions I will be able to provide you with guidance that is specific to your case.

(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 Douglas Briand for a free consultation).