What is the impact of a disability on a spouse's ability to pay for their pension?
Prince Edward Island, Canada
The following excerpt is from S.K.M. v. F.E.M., 2012 PECA 3 (CanLII):
Several factors must be considered in making that decision. The pension-holding spouse's ability to pay, the needs of the receiving spouse as well as the best way to avoid double recovery are all factors to be considered. This returns to the starting point question and that is: How to fairly avoid double recovery? See: Boston v. Boston at paragraphs 61 to 63.
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