Are accumulated leave benefits and severance benefits subject to division under the Divorce Act?

British Columbia, Canada


The following excerpt is from Grainger v. Bush, 1998 CanLII 6338 (BC SC):

From the authorities I conclude that where a present value is established for severance and accumulated leave benefits they are to be considered family assets subject to division. In the absence of evidence on value or whether a valuation is possible I decline to make an order. I note that in Christensen v. Reid Drost J. was only concerned with vacation days and dealt with a claim based on a resulting trust. It would be inappropriate for me to decide whether that decision is applicable to these proceedings which were brought under the Divorce Act. That is a decision best left to the trial judge who will have the benefit of further factual background and submissions based on all of the facts.

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