In a variation proceeding against her husband for spousal support, is he entitled to garnishment or garnishment from her husband's pension funds?

However, the learned justice was not aware of the outstanding liability of the pension proceeds. At this late stage of their lives and in the present circumstances there is no reasonable possibility, let alone probability, that the respondent will ever receive that pension money by the normal processes for collecting on a judgment. Even any arrears of spousal support not affected by the present variation proceeding will be difficult to collect, but garnishment through a support enforcement office is at least a more realistic prospect. That pension money is rightfully hers because of the marriage. In all the circumstances it would simply be unfair to rescind spousal support without taking into consideration that he had additional “means”, i.e. the respondent’s money; the definition of “means” for spousal support purposes under the Divorce Act being expansive (See: Leskun v. Leskun, supra at para. 29).