Supreme Court of Nova Scotia Affirms Pension Entitlements Earned Before and During Marriage Presumably Divisible
September 13, 2022
The Supreme Court of Nova Scotia has affirmed that pension entitlements earned before and during marriage are presumptively divisible.
The case involved a couple who had been married for 19 years and had two grown children. At the date of separation in 2020, the husband was 49 years old and the wife 54.
The husband, a non-commissioned Canadian Forces member, sought an unequal division of his pension, which generated an annual income of $23,416.20. He argued that contributions made prior to his marriage should not be included in the equalization of family property, but the judge was unconvinced.
“Mr. Davis bears the burden of proof to establish that an equal division would be unfair or unconscionable. Mr. Davis has not met that burden. Simply looking at the value and the number of years contributed to his pension while the parties were together, does not meet that stringent test,” Justice Lloyd I. Berliner wrote in his decision.
You can read the full decision here:
