Can a period of cohabitation before marriage be taken into account for the purpose of any re-apportionment pursuant to s. 65?
British Columbia, Canada
The following excerpt is from Margetish v. Margetish, 2002 BCSC 1177 (CanLII):
As set out above, a period of cohabitation before marriage may be taken into account for the purpose of any re‑apportionment to achieve fairness pursuant to s. 65. For example, in M.J.S. v. L.S., 2001 BCSC 820, a case not referred to by counsel, the court opined that cohabitation with an expectation of marriage could be taken into account for such purpose. To similar effect, in Thornett v. Thornett, 1999 BCCA 437, the court held that a s. 65 re-apportionment is the only basis for a departure from the triggering event as the entitlement date when evaluating entitlement to pension division.
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