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

Making a payment after divorce

Before the pension beneficiary retires, the pension is divided as property, and that can reduce the amount of support you receive. (See this recent article.)  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.

To learn more about spousal support, you should watch this video and listen to this podcast.  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 a least consult with a good family law lawyer.

As you are recently separating, you should watch this video on the first steps you should take, listen to this podcast and read this webpage. In addition, this video covers some common mistakes.

Book - Guide to the Basics of Ontario Family Law

In addition, to get more useful information on family law, including how support and property division works, how family court works and what the options are to going to family court, you should pick up this $20 easy-to-undestand book on Ontario Family Law. It also has lots of tips on how to do well in your divorce while avoiding many costly mistakes.

Guide to the Basics of Ontario Family Law Available on Kindle

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.

© John P. Schuman 2014