Dividing assets

[maurbal]

Legal separation has been drawn up but cannot be followed through. My ex-husband has Defined Contribution Pension Plan funds...one is locked in, the other is unlocked. Apparently even the 'un-locked' fund cannot be divided until my ex is retired. Is this right? We have been separated 3 1/2 years and I cannot do any financial future planning until this is straightened out.
Thank you for any assistance in this matter. When he retires his pension is another matter which I have info on.. maureen

[rmccallion]

This is a question that you'd probably best be referring to a lawyer - if you have one, or if you have a court date anytime soon, go see duty counsel day of the hearing.

I believe (but I can't be certain) that there are still mechanisms where the administrator of the pension can be directed to (and are able to) provide a portion of his pension to your pension account - regardless of if it is locked in or not. I don't think that it is reasonable to get your portion when he's retired as the proceeds are dependant on his investment strategy, which you might not agree with.

Do you know what company administers his pension? The other thing you might want to try is to contact that company and ask as a general question.

[beebie]

don't they roll them into LIRA's? Maybe you can report back when you find out the answer.

[dinkyface]

Doing some googling indicates that a locked in pension can be split - but you need a court order indicating what split you have agreed to.

[Teenwolf]

Originally Posted by rmccallion

I believe (but I can't be certain) that there are still mechanisms where the administrator of the pension can be directed to (and are able to) provide a portion of his pension to your pension account - regardless of if it is locked in or not. I don't think that it is reasonable to get your portion when he's retired as the proceeds are dependant on his investment strategy, which you might not agree with.

Originally Posted by dinkyface

Doing some googling indicates that a locked in pension can be split - but you need a court order indicating what split you have agreed to.

Agree with above; however, the key here is that you won't get the money now. You'll get it when you're eligible for retirement. Eligibility will be determined by the regulations of the pension plan.

[ddol1]

Please call your ex's employer and explain your situation to get the proper phone number not for their HR advice (not to knock HR but this is "big money and your future" GEt the phone number for the retirement plan administrator. You should have been given or should have your ex's plan number and you will discuss your options to your rights to the ex's pension. These people can and will estimate in writing what your portion of the pension is worth to you today based on the data they have today - but you will get a very good idea of how much per year or month you will get when you get to retire some time from now (this si what you are asking in your post - AND YOUR EX HAS ZERO CONTROL OVER THIS _ EX _ EX _EX)


Just a quick response as to the change in the pension rules and what it means to us spouses - I am not not a lawyer, this is what I was taught by my ex's pesion plan administration and they were over the top helpfull in offering information and more but ultimately it is the plan member who must make the final elections - you need a good divorce financial specialist who will get the info - determine your rights and give you options as to how best take advantage of your options today and in your retirement years.

The law re pensions has made great changes to the good starting I believe Jan1 2012 - Is it too late if you delayed making your pension elections 3-4 years? This is for you to find out -- of not you go by the old rules which were not that bad.

Simple is 2012 made provisions to allow pension companies to fully sever you conection whith your ex - you no longer would be reliant on the choices your ex makes or the old way.....you could only retire and draw from the retiremnet funds AFTER your ex elected to begin drawing from the plan - you were forced to wait.

2012 would allow you to be an individual who would not even be linked in any form to you ex. You will be free to make retirement decisions that made the most financial sense for you (an excellent improvemnet IMHO) The pension people will like the new rules - easier, less paperwork, less tracking, less everything.

If you have rights to share in your ex's retirement pension (in any form! which by the way the law stated in our case at least that for every $100 put into the retirement plan, I believe provincial law stated roughly as a big guess 80% was unrestricted so the last 20% was classified as locked in which only meant you have to be at least 60 to begin accessing the funds as a retirement plan.

as quick of a post to explain a big subject - Pensions and our retirement FUTURES

[maurbal]

thank you for all your replies and helpful advice...i will be getting some legal advice locally and will let you know the outcome...wish me luck...