Is a spouse or common-law partner entitled to the commuted value of a pension and each party’s share?
Manitoba, Canada
The following excerpt is from Dundas v. Schafer, 2012 MBQB 87 (CanLII):
The Pension Benefits Act requires independent legal advice and information as to the commuted value of a pension and each party’s share be provided to a spouse or common-law partner waiving his or her rights to a pension division on relationship breakdown. The disclosure provisions in The Pension Benefits Act are clearly intended to ensure that where an individual has a right to a portion of a plan member’s pension benefit credits, that individual should receive independent legal advice and particulars of the portion of the credits to which he or she is entitled prior to waiving those rights. (See Marcine v. Marcine, 2002 MBCA 119, [2002] M.J. No. 372.)
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