Pension Question

[lorlaman]

If my ex is not entitled to my pension, and I am paying spousal support, would she be entitled to continuing support once I retire and start collecting my pension?

[raven70]

Is there a final order for SS with duration and quantum decided?

[lorlaman]

There is no order yet other than an order at the case conference that I pay support. I have the kids and she pays no CS. Relationship of 25 years, she did not work much throughout and has had an income imputed of about 30K. I make now 100k and will be reduced to about 60 if I retire.

[raven70]

Hi lorlaman. So it looks like you are paying SS based on a Temp Order
from a CC. If SS was ordered in the table amount I would think you will
need to return to have the quantum lowered as there has been a material
change( your income) .

I have been to court several times for SS in my situation and watched
Justices work the issue SS to gain experience for myself.

Your CS situation is something I did not see in my court studies, it would seem
that she had no or little income, not sure if that has changed.

Raven

[lorlaman]

Originally Posted by raven70

Hi lorlaman. So it looks like you are paying SS based on a Temp Order
from a CC. If SS was ordered in the table amount I would think you will
need to return to have the quantum lowered as there has been a material
change( your income) .

I have been to court several times for SS in my situation and watched
Justices work the issue SS to gain experience for myself.

Your CS situation is something I did not see in my court studies, it would seem
that she had no or little income, not sure if that has changed.

Raven

I was hoping that if she was not entitled to my company pension, then should she be given support when I retire? There may be an incentive buyout coming in the next few months and I may take the offer. Should have retired a few years ago.

Yes she showed little to no income and I think the judge married the two by offsetting the amounts. However, the judge did tell her she (female judge) expects her to seek more employment as she works for cash and of course cannot be traced. She also does not keep a bank account. The high end of SS in my income was around 2500 I believe. I pay 1500.

I understand the material change, but the pension is the pension. Is she entitled or not?

[raven70]

I see it this way. Yes. She is not entitled to your pension but your pension
is income for you, and she (according to the Judge) at your CC is entiltled
to SS. Pension is income. Again I also think that the amount would be reduced
by the next Justice to look at it. Just the way I see it.

Evening to you

[anotherSTEPmother]

I think the answer here is more complicated then that.

First, I think you are ahead in assuming that she is not entitled to your pension. Though I think she should have no right I believe she will be entitled to half of the pension that you accumulated during the relationship. Considering that this was a 25 year relationship you may get a portion, I believe that is up to the judge... Unless you have already divided the assets.

Also, this depends on the age of the children and how long before you retire too. You have to make sure that in your final order there is a maximum amount of time that you will be required to pay ss.

If you put out more information that might be helpful

[Lorac]

Hi Lorlaman,

On my STBX Conference Brief to my lawyer from his lawyer he states "As the applicant is receiving her pension, it is not considered an asset and cannot be divided" . The Applicant takes the position that Spousal Support is payble due to the fact that the Respondent was able to accumulate a pension during the course of the marriege and that he was unable to save for retirement. Now while it sounds good and dandy it leaves out anything whereby my husbands was paying into RRSP's. When he his place of employment shut down and he gained employment elsewhere he chose not to contribute to these RRSP's and they were for his retirement...sadly the judge would not even look at these issues. These RRSP's were of little value. His place of employment shut down in 1992 and unfortunately so did his desire to continue to pay for them. My work pension is my only source of income for me. It's total is 1600 a month plus my CPP of 485. The judge awarded him $563.00 in SS. When I turn 65 I will loose $900.00 as I am receiving a bridging and a transition. My pension then will be only $700.00 a month.
Oh another thing BEFORE you retire, make sure your STBX's name is taken off of your pension and have your children's name on it...BECAUSE if you don't WHEN you do retire if your STBX's name is still on it, it will be irrevocable should you die and she/he will get it not your children. This is how it worked at my place of employment so check into to it before you retire just to make sure. My STBX will continue to receive my pension should I die and not my children. When we separated I went to HR and asked them to put my children down for my pension. They told me because I was already retired his name would remain and I could not do anything per the "Pension Act". sighhhhhhh :-(