Is there a delay between the date of separation and the triggering event sufficient to establish unfairness in the division of pension benefits?
British Columbia, Canada
The following excerpt is from Smith v. Smith, 2008 BCSC 363 (CanLII):
In my view, that fact alone is not sufficient to establish unfairness. If it were, in every case where there has been delay between the date of separation and the triggering event, reapportionment would be required. The legislation specifically requires the post-separation accruals to be included in determining the proportionate share. To reapportion solely on the basis that there is a delay between separation and triggering event would defeat the purpose of the legislation. Unless there are factors coming within s. 65 of the Act that make it unfair, the pension benefits should be divided according to the Part 6 Act and the Regulation (see Shambrook v. Shambrook, 2004 BCSC 872).
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