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Old 05-02-2013, 01:30 PM
trimike trimike is offline
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Default Division of Military Pension

Here is a question that I hope has a simple answer.

I retired from the military after a long and fruitful career and was entitled to a CFSA immediate annuity (pension) for which I get a monthly cheque

I have since separated and divorced from the wife with whom I spent a good part of my military career so the pension was divided in a standard way in accordance with the PBDA. I have no problem with that. As a result of the division, my monthly pension amount was reduced accordingly and the ex-wife received a fairly significant lump sum as her portion or interest in my military pension.

My, now reduced, military pension forms only part of my current monthly income (I work on a full-time basis post my military career). My question: for the determination of quantum of spousal support owed to my wife, should the amount of pension that I receive be included in that calculation? I am of the opinion, for what its worth, that my wife has received a hefty sum as her share or interest in my pension and, as such, what pension monies I receive should NOT be included as my income for the purposes of calculating spousal support owed to her.

Any comments on this? Thanks.
Old 05-02-2013, 04:34 PM
Mess Mess is offline
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No, that would be double-dipping. You may do a search for that term using canlii.
Old 05-06-2013, 12:57 PM
trimike trimike is offline
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Another quick question and help please...

I put this question to my lawyer and he says "that part of the pension earned before marriage and after separation can be factored in for support purposes as it was not part of the pension which was equalized". I am yet to discuss this with him but I take it that he means that the pension division was only for that amount of pension earned during the time of my marriage (my wife and I were married for 13 of my 23 years of military service) and that time served (there was no time after - we separated and divorced after my military carreer) is fair game to be counted for income purposes for the purpose of calculating quantum of spousal support.

To me, this still doesnt seem right. My ex got almost $300K in lump sum as her share of the division of pension, surely what reduced pension amount I now get is mine to keep and not count as income???

Help any? Please.
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military, pension, spousal support

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