Property & Pension Division / Equalization

The Family Law Act deems married spouses to have opted into a division of property regime known as “equalization”. The intention of equalization is to ensure that spouses share equally in the wealth that was accumulated during the marriage. This is based on the presumption that the spouses have made equal contributions to the marriage endeavor. Pensions are property which must be included in the equalization calculation. There can be various complex issues with respect to valuing your pension, tax liability associated with a pension, method of payment to the non-member spouse, and the avoidance of “double dipping” by equalizing a pension and also claiming support for that same income stream. Our team of family law lawyers can assist you with these complex property and pension issues.