My retired spouse and I are retiring, do we share his pension?

Before the pension beneficiary retires, the pension is divided as property, and that can reduce the amount of support you receive. However, once the pension beneficiary retires, the pension is no longer property and is treated as an income source on which support is based. If you have been living together for a long time, and looked after your spouse during the marriage, then you will be entitled to quite a bit of spousal support – perhaps 50% of his total income – although your CPP, Old Age Security and other sources of money factor into the calculation.

That will give you some idea of how spousal support is calculated and what to expect. Keep in mind that spousal support is entirely up to the Family Court Judge’s discretion, so it is important to present your case well, which is a good reason to at least consult with a good family law lawyer.

In addition, to get more useful information on family law, including how support and property division work, how family court works and what the options are to going to family court, you should pick up this easy-to-undestand best-selling book on Ontario Family Law. It also has lots of tips on how to do well in your divorce while avoiding many costly mistakes.

If you need more assistance with issues arising in relation to divorce after retirement, please feel free to contact Toronto Lawyer, Certified Specialist in Family Law, John Schuman, using either the form below or the phone number at the top of the page. You can also use the form below to comment on this article. If you have found this page useful, please feel free to share it with your friends and colleagues using the sharing buttons at the bottom of the page.