What is the impact of a spouse’s pre-marriage pension entitlement on the relationship of the spouses?
British Columbia, Canada
The following excerpt is from C.J.D. v. J.H.E, 2009 BCSC 1168 (CanLII):
The factors to be considered in determining whether to include pre-marriage pension accruals include the length of the marriage; the proportion of the pension accrued during the marriage; whether, if one of the spouses does not receive a share of the pre-marriage accruals, the other spouse will have to pay maintenance; and whether it was intended that the pension would be used for the benefit of both parties on retirement: Burridge v. Burridge, 2008 BCSC 588, 55 R.F.L. (6th) 46 at para. 35; Burton v. Gillies, 2009 BCSC 1 at para. 16.
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