LRC Reports

Division of Pensions on Marriage Breakdown (1992)

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).

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