MARITAL OR FAMILY PROPERTY — Equalization or division — Contribution of parties — Pensions and investments

Law360 Canada ( April 8, 2024, 12:37 PM EDT) -- Appeal by wife from decision of trial judge to divide pension equally between her and husband and from dismissal of her claim for retroactive child support. On the pension issue, the wife argued that the pension should be valued only to the date of separation as she was the only one who contributed to the pension following their separation. Attached to the wife’s affidavit was a quantification of the pension between date of marriage and a date following the parties' separation, but well before the trial date in 2023. The total value of the pension benefits for this time period was $188,561. On the issue of retroactive child support, the husband voluntarily paid $2,000 per month in child support following their separation. Later, that was reduced until he no longer paid child support at all as of September 2018. The wife argued that the trial judge erred in determining the joint accrual period for her Local Authorities Pension Plan pension to be the date of trial and by dividing the pension equally and in dismissing the retroactive claim for child support....
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