When a pension is divided as matrimonial property, can the recipient of the pension be garnished by the recipient's estate?
Saskatchewan, Canada
The following excerpt is from Wiebe v. Wiebe, 1988 CanLII 5024 (SK QB):
In Britney v. Britney, supra, the respondent's armed forces pension was divided as matrimonial property. The respondent did not pay as required. The pension payments were then regarded by the court as maintenance so that they could be collected by way of garnishment. There may be some problems with treating pension payments as maintenance. If a petitioner dies before the respondent, her estate will probably not be able to collect the balance of the petitioner's matrimonial property entitlements because maintenance terminates on the death of the recipient. The petitioner or her estate is entitled to the monthly pension payments as long as they are received by the respondent. The court should not have to resort to a fiction so as to enable the petitioner to collect her lawful share of the respondent's pension.
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