Keywords: pension; division; entitlement; income; valuation; family; property; asset; interest; share; payment; benefit; account; split; marriage breakdown; divorce; separation; spouse; member; retirement; tax
The division of pension entitlement between spouses on marriage breakdown presents many questions. The policy of the Family Relations Act states that pension entitlement earned during the marriage by one spouse belongs just as much to the other. Giving effect to this policy is problematic for many reasons, such as the variety of pension plans that exist, their highly technical nature, and the difficulties inherent in attempting to treat a stream of future income as a property right. This project examines possible solutions to these issues.
The British Columbia Law Institute has returned to this subject several times. The current version cam be found at Questions and Answers about Pension Division on the Breakdown of a Relationship in British Columbia (2015-2016).
Below you will find additional, relevant and specific documentation, backgrounders, research, resources, media releases and summaries that have been, or will be incorporated into our final publications and study papers.
If you have questions about these or other specific documents, please reach out to BCLI using our contact page or at the bottom of each page of our website.