What is the value of a husband’s pension for the date of his first marriage?
Ontario, Canada
The following excerpt is from Janakowski v. Janakowski, 2000 CanLII 22587 (ON SC):
To the date of separation in 1996, the value of the husband’s pension had accummulated for approximately thirty years. By virtue of the Family Law Act, the husband would have been entitled to deduct from that value the worth of the pension either in 1984 or 1993, or either 19 years or 27 years. In other words, the pension’s value, on either the date of the marriage or of the commencement of cohabitation, would be deducted from the pension’s value at the date of separation. Put another way, the pension’s value on one or the other of those dates would be excluded from the equalization calculation. That excluded value, utilizing the pro-rata method of valuation as suggested in Best v. Best, 1999 CanLII 700 (SCC), [1999] 2 S.C.R. 868, 49 R.F.L. (4th) 1 (S.C.C.) would be very high given the lengthy period of accumulated pensionable service prior to either the date of marriage or of commencement of cohabitation.
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