What is the test for a half share of a spouse’s pension accumulated during their 14-year relationship?
British Columbia, Canada
The following excerpt is from M.R.D. v. L.S.H., 2004 BCSC 409 (CanLII):
The words of Chief Justice McEachern, as he then was, in Thompson v. Floyd (2001), 2001 BCCA 78 (CanLII), 86 B.C.L.R. (3d) 56 (C.A.), are pertinent in this case: In my view this position [that the plaintiff was entitled to 50% of her spouse’s pension accumulated during their 14-year relationship] is correct as the wife had every reason to expect, after having assisted the husband to complete his education, by contributing to the cost of a home for him and his daughters, and in other direct and indirect ways, to share his pension when it became payable. … In this case, the duration of the relationship entitles her to a half share of the pension calculated on the period of their relationship as persons living together as husband and wife.
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