What is the position of the wife in a marriage breakdown case where the husband's pension is divided and the wife is entitled to double recovery or double dip?
Ontario, Canada
The following excerpt is from Skramrud v. Skramrud, 2007 CanLII 51173 (ON SC):
The position of the wife is that she is entitled to double recovery or to double dip. As explained by Major J. in Boston v. Boston[6] these terms describe the situation where, after an equal division of assets on marriage breakdown, one spouse claims continued support for the previously divided or equalized assets of the other. In this case the husband’s pension will be divided and the wife also seeks support from the pension income of the husband.
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