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When we divorce, would he get half my monthly pension?

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Anonymous Asked:

I am a 67 year old woman, only income is my pension. My husband of 25 years is 47 years old. We moved to BC to be near family. My husband is choosing not to work and we live off my pension. When we divorce, would he get half my monthly pension even though it's my only income and he is capable of working but choosing not to? I would not be able to survive on only half my pension.

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Stuart Zukerman
4 years ago

A: Yes your spouse is presumptively entitled to half of your pension unless you establish to the court that such an outcome would be substantially unfair. Additionally you could seek spousal support from him seeking to impute an income to him that accords with his actual historical capacity to earn income and / or you could seek to unequally divided assets including the equity in any family home, savings, rrsps, pensions, personal belongings (chattels) etc.

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