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Hello,
I've read through the posts on double dipping where a spouse receives their 50% share of pension through equalization and then try to claim spousal support on the other spouse's remaining pension income.
My situation is similar but somewhat different and I am hoping someone may have some answers for me
My STBX has been receiving his pension since the age of 51. Since our separation over 3 years ago, he also refuses to work to his earning capacity to help support our three dependent children. He had an income imputed to him in court last year. He is now 55 and I am 50. He is now claiming spousal support based on the increased income I will receive from his pension plan and his corresponding decrease in pension income when the divorce is finalized. My pension will also be split with him but his share of my pension will have to remain in a locked-in vehicle while my share of his pension will be in the form of a monthly pension cheque.
I have 2 questions:
1. Is this still considered "double-dipping"?
2. If his income has previously been imputed, what are the chances he will succeed with a spousal support claim? He always earned more than I did throughout our 25 year marriage.
Thank you!
I've read through the posts on double dipping where a spouse receives their 50% share of pension through equalization and then try to claim spousal support on the other spouse's remaining pension income.
My situation is similar but somewhat different and I am hoping someone may have some answers for me
My STBX has been receiving his pension since the age of 51. Since our separation over 3 years ago, he also refuses to work to his earning capacity to help support our three dependent children. He had an income imputed to him in court last year. He is now 55 and I am 50. He is now claiming spousal support based on the increased income I will receive from his pension plan and his corresponding decrease in pension income when the divorce is finalized. My pension will also be split with him but his share of my pension will have to remain in a locked-in vehicle while my share of his pension will be in the form of a monthly pension cheque.
I have 2 questions:
1. Is this still considered "double-dipping"?
2. If his income has previously been imputed, what are the chances he will succeed with a spousal support claim? He always earned more than I did throughout our 25 year marriage.
Thank you!
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