Newmarket: (289) 319-0634
Oakville: (905) 291-6634
St. Catharines (905) 291-5231

Questions & Answers

Pensions

My ex and I have been living separately for 5 years. We were married for 15. We have had no agreement done during this time. I now would like a divorce. I am a nurse have paid into a pension for part of my career. He is a hydro one linesman who is eligible to retire in 2 to 5 years. Are our pensions an asset and if so, do we divide these assets based on 15 or 20 years, as we are still, legally married?

— Angela P.


Answer

Normally, the pensions are valued from the date of marriage to the date of separation... not the date of actual divorce. You really should speak to a lawyer and get a properly drafted separation agreement done on a final basis. The separation agreement will resolve all of the outstanding issues on a final basis including the equalization of the assets. We have some good information on this website about the equalization process. Here is a link to the page and video on our website about equalization: https://galbraithfamilylaw.com/equalization/ When you are ready, just book a consultation with one our lawyers.

Ask a Question

All questions submitted will be moderated to determine if they are suitable to appear on the website. Any answers given do not constitute legal advise and are intended for general information only.