When a payor's pension is equalized with respect to property equalization, does the court need to consider the equalization also consider the value of the payor’s pension?
Manitoba, Canada
The following excerpt is from Chubey v. Chubey, 2011 MBQB 100 (CanLII):
There are special considerations when the property equalization includes a pension. It is generally unfair to allow a payee spouse to receive the benefit of the payor’s pension as an asset through equalization and again later as a source of income. Where practicable the court should focus on the payor’s income that has not been part of the equalization. (Druhan v. Druhan [2010], ONSC 3430)
The respondent entered into a common-law relationship in January 2009 and married on August 28, 2009. In respect to remarriage, the case of Kelly v. Kelly [2007], BCSC at 227, Justice Barrow states at p. 6: … when it is the spouse receiving support that remarries, the burden is on that party to demonstrate that. despite remarriage, there is a continuing basis for spousal support.
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