Alberta Court rules former spouse entitled to pension accrued to date of trial
March 31, 2026
Following a divorce trial, the Alberta Court of King’s Bench (“Court”) has ruled that a former spouse is entitled to an equal share of a defined benefit pension calculated up until the date of trial, rejecting arguments that pension division should be made only to the date of separation.
In Qadir v. Malik, the Court considered the division of a Canadian Pacific Railway Company (“CP Rail”) pension following the end of a 16.5-year marriage. The husband argued that the wife’s entitlement should be limited to pension accruals up until the parties’ separation in August 2021. The wife took the position that the pension should be divided based on accruals calculated as of the date of trial in June 2025.
The Court rejected the husband’s position, confirming that, under Alberta law, the presumptive date of pension division is the date of trial, absent compelling factors justifying a departure.
Relying on Lux v. Lux and Giesbrecht v. Giesbrecht, the Court held that pensions are family property subject to the same statutory framework as other assets under the Matrimonial Property Act. The Court found no basis under the section 8 factors to truncate the accrual period, noting the length of the marriage and the parties’ respective roles, with the husband as primary income earner and the wife as primary caregiver.
Click on ‘More information’ below to read the decision:
