Legal Question in Family Law in Canada
Fighting Pension
A couple divorced for 5 years, can the wife still fight for half of the husband's pension even if her (their) kids are all married?
1 Answer from Attorneys
Re: Fighting Pension
This answer applies ONLY to British Columbia; the law regarding division of assets differs greatly from province to province. In British Columbia, the status of the children is irrelevant to the question of division of a pension. Whether the wife can still apply successfully for a division of the pension will depend on factors that the individual asking the question has not supplied. It would be necessary to examine the history fo the proceedings 5 years ago (as a starting point), and particularly the documents filed in British Columbia Supreme Court, the Orders made, and the type and nature of the pension.