Note that answers given in this section cannot take the place of a divorce lawyer. For legal advice about your specific situation, you must consult a qualified lawyer. See our disclaimer.

"My spouse has a substantial pension. Will I get a share of it in the divorce agreement?"

Pensions are often very important assets that parties may hold on the date of separation. Often pensions, next to a matrimonial home, may be the most important or most valuable assets that people have. On separation, it is important to determine the value of the pension. The way to do this generally is that the parties will retain an actuary who is an expert in the value of pensions. Once the pension is valued, its value is taken into account when determining the equalization payment or amount that one party may owe to the other on separation in settlement of property issues. Therefore, though you may not receive one half of the pension or a proportion of the pension itself, its value is very important in determining matrimonial-property division.

Ken Nathens is a partner in the law firm of Nathens Siegel, a Toronto firm that restricts its practice to divorce and family-law issues. Ken has experience in all aspects of divorce and Ontario family law and devotes much of his time to assisting clients with custody and access disputes. He can be reached at (416) 222-6980. View his firm's Divorce Magazine profile.

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