What is the obligation of the receiving spouse to contribute to the equalization of a spouse's pension for income generation after marriage breakdown?

Prince Edward Island, Canada


The following excerpt is from S.K.M. v. F.E.M., 2012 PECA 3 (CanLII):

Another basic principle is that the receiving spouse should strive toward becoming economically self‑sufficient. Nevertheless, the law does recognize that from a practical perspective and in a long term marriage where the spouse has been outside the workforce for a long period of time, self‑sufficiency may not be attainable. Other factors such as age, education and child-rearing responsibilities must, therefore, be considered. When all these are considered, it may be unrealistic in certain cases to expect that the receiving spouse will be capable of returning to income earning employment after marriage breakdown. Nevertheless, the receiving spouse must make a reasonable effort to use the assets received on the equalization of a pension for income generation. This obligation is satisfied if the receiving spouse invests those assets in a capital depleting fund that would allow that spouse to receive a regular income. See: Boston v. Boston at paragraphs 54 to 58.

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