New divorce rules for splitting pension assets

STRANGE..I THOUGHT THAT THE PENSION BENEFITS DIVISION ACT WAS A FEDERAL STATUTE APPLICABLE ACROSS CANADA...MAYBE ONLY A SASKATCHEWAN STATUTE? I KNOW I HAD TO HAVE A PENSION CURRENT VALUE DONE WHEN I DIVORCED SECOND WIFE EVEN THOUGH SHE DIDN'T GO AFTER MY PENSION.

After 20 years of divorce....am I able to claim 1/2 of my ex husband's
pension? Right now, I only receive mine...I am 73 and he is 81. He never married again nor did I.

That's right Mona... keep picking at your husband's 81 year old carcass while it's still warm. Don't wait 'til he dies to wipe him clean. This is probably one of the reasons he dumped you in the first place. Obviously another money grabbing opportunity for you isn't it. Do you still have children to support ? Are you being a parasite with them also ? What about your own relatives... or have they cut you off too ? What ever happened to equality... nice pipedream. Blah blah blah... we want to be treated the same as men... except for, and then the list begins.

Boy Chip, u really have a chip on your shoulders. Did someone take you to the clearners Chip, I detect a little bitterness from you. A--hole!!!

Sorry!! I am a women and I agree with Chip. Support yourself.....I don't expect the man to go after mine as I won't go after his.

I'm female also, if you dont expect a man to go after your pension when a marriage ends you best wake up. Men or women when a relationship ends its all about money and you can bet your bottom dollar he'll look at your pension (provided yours is larger than his). And if your still harbour bad feelings after 20 yrs. GET OVER IT, good god, cant anyone take care of themselves anymore????

OK...another reason for men not to get married.

Women who stay home and raise kids not only don't get pensions they don't receive pay and they should be entitled to some or perhaps half of their spouses pensions due to that.

So Chip and Guesswho need to wake up! Not all women (or men) work outside of the home. They raise the kids, and do the housework, shop, clean, and sometimes take care of the finances. They should be entitled to something for all of that.

Not all women can go out and get a full time job with benefits while looking after the home.
My own mother worked full time after we began school but her pension is paltry compared to my Dad's.

@Wingtale7
You state "..raise the kids, and do the housework, shop, clean, and sometimes take care of the finances. They should be entitled to something for all of that."
Don't forget about all the unpaid sex they provided. heh.

Don't take any legal advice from here as every province is different. Some provinces accept co-habitation to divide the pension and others don't. Ontario does not. Our daughter just went through this; she lived with her common-law and because they were not legally married she was not entitled to any of his pension. So make sure you check the laws in your own province. I am a female and also believe a woman should not take her husband to the cleaners; my husband and I have both been married before.....I never took my husband for anything, however his ex was vindictive (even though she had the affair) and she took him for half of everything!!!

If the divorce is finalized then how can the ex come back and claim pension money? I think this article is for couples wanting a divorce in the future, no?

I was divorced in B.C. 20 years ago and my pension (military) was divided and settled at that time.
She received a lump sum from the Federal Government at age 65 which was equal to her portion as related to our years of marriage. It ended up making my pension smaller in size when I finally got out of the military. But this was common practice then and I found it to be fair to her and to me.
Not sure if this only pertained to Military, RCMP and Civil Servant pensions but that is how the lawyers decided it then.

I never made any mention of those who stay at home and work so please be mature and not attack my statements. In SK (atleast) a marriage will generally end in a 50/50 split of all assets. My comments were aimed at people who think their spouse wouldnt look at splitting a pension. And, if your still looking at ways to obtain funds from a spouse of 20 yrs past, I think thats just sad. People need to search out a lawyer, one who has alot of experience in divorce, I see many look for a cheap lawyer and after the fact are not always happy. Still best to pick up your feet and make the best of life afterwards.

Mikey, what a voice of reason among the crazies!!! I agree with you, my husband and I split assets about 15 years ago which meant I received half of the pension that was accumulated throughout the marriage (also military). Neither of us is bitter about any of it. He's doing really well with his new wife and I've worked ever since our divorce now that we don't move around any more. We both have good retirements to look forward to. I think many people divide assets amicably and quietly without complaint and still have respect for each others contribution to the family. So glad you spoke up Mikey.

The one who can afford the best lawyer usually gets the better deal!

As for Canuckguy - Are you saying that sex is work for women and only men enjoy it? Now, that's funny!

As for Guesswho - Most senior women are living below poverty and you think they should just continue that because perhaps someone screwed up 20 years ago! Damn, you're harsh.
Perhaps the woman is just nasty but I'm not claiming to know her or her situation, or yours. You said it was all about the money, and can't anyone take care of themselves anymore!?

Not all senior women were blessed with financial knowledge they raised kids and expected their marriages to last for life. How dare they assume that their husbands should just fork over half their pension! Some of those women didn't know Jack about pension plans, chequing or taxes, or Lawyers. They were given a stripend to shop with and that was their limited knowledge of finances. At least that's how it was with both of my Grandmothers, but then their marriages did last to the end.

Nicely written, Chip.

I have to agree with Chip and Guesswho. Why is it some women cant support themselves. What ever happened to going back to work after the kids were old enough to take care of themselves?(No . That doesnt mean 20 years old). There in school all day! Even part time would be a start. Sounds to me like some women just want to stay home because they like it and prefer it over going to work. All the divorced women I now have jobs, support themselves and are independent. The last thing they need and want is a man to look after them. They have better things to do than peck at there ex-husbands, like a vulture.
By way Joanne the only A-Hole is you.

First off let me say that I am a woman and I don't think either spouse should be able to go after pensions in certain circumstances.

My husband and I make pretty good livings, but I am the one with a pension, and a pretty good one at that. I feel like if we were to split, since he is gainfully employed and able bodied he should be able to fend for himself. I do think that assets in general should be divided, but not something I'm not going to get my hands on for another 30 years.

However, having said that... if one of us were to have given up our jobs to stay home and raise the children basically giving up our careers, then I think there may be a case for a percentage of the pension income.

I don't know.. I guess these are things that need to be discussed beforehand, and during the marriage.

Also, it never hurts for either partner to keep a nest egg separate from the joint basket - you never know when the day will come that you might need it!

Joanne, you ask Chip if he has been taken to the cleaners. I don't know if he has but I do know several men who have--it sucks for them. I know many women smugly laugh and joke about it but for the man being "cleaned out" it sucks. I often hear women ask "why good men don't want to commit to marriage". Well the fear of being "cleaned out" is the reason. Seeing what a couple of my buddies went through cured me of any notions of romance. Why would any one with a decent income enter into such a lop-sided arrangement? Don't tell me "for love"--if the women entered it purely for love they wouldn't be seeking so much money when it ended. The only way for men to protect themselves from getting "taken to the cleaners" after their marriage is to avoid marriage altogether. Why don't more men understand this?

I am female and think that current laws on divorce are beyond ridiculous - regardless of whether women stay home with the children. There is however, greed on both sides - I would have more respect for myself than to go after assets and pensions of a former spouse.

Hum. all this emotion. Men vs. Women... all about $.

Most men I know who got divorced got cleaned out of everything: house, pension, money, cars and - the kicker, the kids as well. Their exs took them and moved out of town. The house, pension and money is replaceable, but the kids? Why do you think that fathers commmit suicide or hang banners on bridges (ref. Montreal). If they would do so to their ex wifes you would have every politician cry murder! Not easy to be a male these days. I am not bidder: I have a wonderful loving wife and a great friend and companion for life. But I am a minority...

Divorce laws are lopsided for women in a majority of the cases. Accept it. Don't get married is what I tell my 2 boys, and I am happily married! My wife and mother don't like it when I tell them that, but she agrees as she saw the impact of "best girls friends" cleaning out the husband.

I worry about my boys. I hear what women say at work about "cleaning their exs" and it scares me for them. Would I marry if I was younger? I don't know. When I did, in Québec, we signed a pre-nup and at least it was clear from the get go -- about the division of assets. But really, now, going for the kids and destroying the reputation of their fathers? No thanks. I think my boys will be happy as singles males with all the positive that comes with that.

Now that some women are starting to make more money than their husbands, things might change to protect the "women's worth". But such is life.

Married for 11 years. Was in Western Canada working to complete my wife's dream home. (her idea ... big money = big returns on investment in property) Away for a very short time. Upon return found 2 pairs of jeans and 2 shirts......empty bank account (joint account - not smart on my part)
Please explain how this 50/50 thing works?
The laws need to be changed.
This happened to me 5 years ago and I still have no final divorce................she won't end it.
Just an autograph, only an autograph.
I could care less about the material possessions or the money she took when she left, I would simply like to have it completely finished...... Too much to ask i guess.

Did any of you see that she is 73 yrs old ?? how many 73 yr old get back in the work force? What a bunch of mean comments

equality after the breakdown of a marriage does not exist..... sad but very true.

I have been trying to get divorced for four years……..one child is going to cost me 3,500.00 a month. My X will be making more than me in a year and most of it will be tax free in her hands……..This is just another example of the un-fairness of the system……..Plus they have now been re-opening divorces that where settled years ago as the laws change……How is any person to get on with there lives with this happening……..As for this new rule just one more way of SUCKING cash from the other person.

I know lots of men who will no longer even consider marriage....and to take it one step further......wont get involved with women with childern in case they end up being responsible for
childern that are not theirs. I do believe in the case of a long term marriage, pensions need to be split fairly. Circumstances do vary and this is what makes it so difficult to write a one fits all law. Should the stay at home Mom who refused to work when the childern went to school be able to force someone else to pay for a decision she made? If staying at home was agreed on by both parties...another matter. If the husband insisted he wanted a saty at home wife...another case. CPP make provisions for time raising childern .
The other factor is the wage differences between men and women. Men can generally rely on a
larger retirement income just due to the fact that even if both worked for years....men make more.
But maybe in contributing to pensions ,a decision was made to pad one as opposed to the other becasue it was more benefical (eg: employer matched contributions for one plan and not the other)No good answer. Each case, is different and these one fits all rules do not promote fairness. I feel the difference between what should happen when a a 20 year marriage fails and one that lasts 3 are worlds apart. I know many a woman who got the short end of the stick and many a man who did.

DDD.......I feel for you. Fortuately my (hopefully soon to be) EX had no children together, she had one from a previous marriage which I raised for 11 years. (deadbeat bio father) She had approached her lawyer with the notion of child support from me for him but I told my lawyer to fight it. Her first makes 30K more a year than I do so why should support his kid any longer than I already had?
She is a real sweetheart.........

Don

I never ven thought about "wont get involved with women with childern in case they end up being responsible for". I need to warn them of this as well. Thanks...

What really scares me is that these are really nice women at my work place talking about "cleaning their exs" and having "encouraged my girlfriend to take everything she could out of "him"". I mean, they are sweet, nice, intelligent, compasionate and gentile in all other circumstances. Surely there must be decent women (and men) around, but one cannot tell them apart from the potential abusers. Is it that any women is a potential abuser of the system, and with inpunity? Should that be our "default" assumption? I guess so because now that "it is the law", it becomes "their g_d-given right to clean their exs". It becomes an entitlement.

What can a father tell his sons about "what" and "who" to watch out for"? Help!

Yes, every case is so different. My husband wanted me to work full time when the kids were babies, AND look after his ill/needy parents in our house. I chose part time but had to listen to his complaining, and he refused to budget. Now I have my own health issues, and can still only work part time. His parents are gone, kids are grown, we're divorcing after 25 yrs and he's fighting me all the way even though he now earns well over 100k yr.

Thank God Ill never Marry, you all can fight amongst yourselves. Im going fishing.