In many separations, the largest asset is not the house. It is a pension, and it is often the one people fail to claim.
An employment pension earned during the marriage is family property in Ontario. It must be valued, following a prescribed process, and its value is brought into the equalization calculation. For a long marriage, a pension can be worth more than the home.
Separately, Canada Pension Plan credits built up during the relationship can generally be divided between spouses or common-law partners after separation or divorce, through a federal process. This is independent of the provincial property division.
How a pension is valued and whether it is settled by a transfer or offset against other assets are technical questions with large financial consequences. This is an area where careful advice pays for itself many times over.
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Book a Consultation在许多分居案里,最大的资产不是房子,而是养老金,而它往往正是人们没能主张的那一项。
在安省,婚姻存续期间积累的职业养老金属于家庭财产。它必须按法定流程估值,其价值计入财产均衡计算。对一段长久的婚姻而言,养老金可能比房子还值钱。
此外,关系存续期间积累的加拿大退休金计划(CPP)积分,一般可在分居或离婚后,通过联邦程序在配偶或同居伴侣之间分割。这与省级的财产分割相互独立。
养老金如何估值、以及是以“转移”方式分割还是用其他资产“抵扣”,都是带有重大财务后果的技术性问题。在这个领域,审慎的意见,回报往往数倍于其成本。