Is a husband entitled to equal division of disability benefits received by his wife from a pension plan earned during their marriage?
British Columbia, Canada
The following excerpt is from G.W.G. v. S.L.G., 2004 BCSC 747 (CanLII):
In Wood v. Wood, 2000 BCSC 1647, McEwan J. held that disability benefits received by the husband from pension plans earned during the years the parties were married were family assets, pursuant to s. 58(3)(d). However, he considered equal division of that asset to be “manifestly unfair” to the husband, given his need to be economically self-sufficient. He thus ordered 100% reapportionment in favour of the husband.
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