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?


Asked on 8/08/04, 2:01 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

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.

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Answered on 8/09/04, 11:12 pm


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