Time limit on pension?

[paris]

My current spouse has been legally separated since 1996. He's only just now starting divorce proceedings - decided it was finally time to get around to it.
Our lawyer has told him that his ex cannot claim a share of his pension at work because there is a 6 year limitation period that has passed.
I've never heard of such a thing, and we were preparing to have to negotiate.
Is the 6 year time limit real? I can't find any documentation online.

thanx

[littleman]

hi paris

why is he starting divorce proceeding now with legal representation.......he can go to courthouse and for a fee (think its 100$) can get automatic divorce and doesnt need her signature........no need for lawyer and that expense......only know this cause I was told by lawyer.....not sure of terminology but believe its a divorce in absentia.......I would go to courthouse and let them know situation.....you just need a standard divorce form for final decree......the mandatory year has long passed

[littleman]

for pension I believe that 6 years is long enough unless children involved then there are different rules that apply......not sure what province the marriage took place in...(that info is helpful when asking advice)......but if offspring are in the equation different rules do apply for many things.....and I think oension is one of those things.......

[paris]

Marriage was in Ontario. At the time of separation, there were 2 minor children. There is now only 1 minor child. Also, at the time of separation, there was still property and debts to deal with. The home has since been sold and the money divided, and all debts have been paid out.
He is using a lawyer because we know pension issue will be brought up.
I was hoping somebody here could point me to some documentation.

[littleman]

if she hasnt mentioned pension issue then dont mention it........he can get divorced without her knowledge after this long thats why its called in absentia....if the divorce goes through without a hitch then I wouldlet sleeping dogs lie for sure......dont put yourselves in a position where it could cost you dearly (financially and otherwise)......on the 7th year anniversary of separation he can walk into courthouse and say he wants final divorce papers...the mandatory 90 days for the first part and the one year physical separtion are long completed.......this is only my opinion other than the mandatory times.......thats what my other half is doing this fall........his 7 years are complete and he will be divorced for 100$ and no signature required from her.....nogivingher warning either of whats happening....two reasons.......doesnt want to and doesnt know where she is