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Dividing Pensions In Separation And Divorce

Pensions are accumulated gradually over a lifetime and may result in significant value during retirement. After a matrimonial home, a pension may be the most valuable asset that ex-spouses divide after a relationship breakdown.

At Nathens, Siegel LLP, our lawyers can guide you through this often complex area of property division. We have protected the interests of families throughout the Greater Toronto Area. Our experienced legal team can strategically safeguard your legal and financial interests.

Private Pensions — Valuable Assets In Property Division

Pensions may spark heated disputes between separating or divorcing parties. Plan members may be deeply protective of these funds that they worked to accumulate. Many don’t even realize that a pension is divisible. Parties should never agree to a division without seeking professional financial and legal advice.

While an ex-spouse may not share the actual pension in itself, generally its value must be determined and included in the property division calculations. Since the financial impact of a pension is not always straightforward, and the actual value is often greater than the contributions themselves, accurate valuation and forecasting are critical.

Our lawyers take a detail and results-oriented approach to helping our clients. We work with precision in pursuit of your best interests in the case. We contemplate not only immediate post-relationship factors, but also potential long-term implications. For this reason, we collaborate with financial and actuarial experts to determine the true value of a pension.

Navigating The Complexities Of Private Pension Division

Some important factors to consider include:

  • What type of plan is involved and what are the rules governing it?
  • Should the division be made in a lump sum, through an exchange of other assets, or when payments begin after retirement?
  • Are there tax implications to account for?
  • Can the divided value be transferred into another plan?

Consult About Your Property Division Case

Call us today to meet with our lawyers. We can provide clarity and set your case on the right trajectory. Book a reduced rate initial consultation today at our offices in North York or Mississauga, Ontario. Call us at (416) 222-6980 ext. 2900 or email us to arrange an appointment.