Pension Division During a Divorce
Written by Allison McAlpine Typically, in a marriage, the largest assets a couple owns are the matrimonial home and a pension(s). When a client has a pension they often express a concern of having to give half of their pension to their ex-spouse. When a client’s spouse has a pension they often express a hope […]
What happens to my Will if I separate from my spouse? What happens to my Will if I get divorced?
Written by Colin A. Steffler In happier times, you made a will leaving everything to your spouse and naming him/her as your estate trustee (executor). Now you are separating. Presumably, anyone reading your will today would realize that it is probably no longer your intention to leave your estate to your (now former) spouse, so […]
Severing the Joint Tenancy – Separation, Death and Property
Written By Allison R. McAlpine Severing Joint Tenancy – Real Estate If spouses hold real estate together as joint tenants on title to the property (e.g., the matrimonial home, or any other piece of real estate), then if one of the spouses die, the other spouse gets the property outright. This is known as “right of […]
Limitation Periods and Equalization – The Time-Related Expiry of Rights and Obligations
Written By Allison R. McAlpine In law, a limitation period refers to the amount of time that a claimant has to start a court proceeding for a claim against another person before their rights to start that claim expire. Put another way, a limitation period is the time limit that a person has to start […]
Equalization – What is It and How is It Calculated?
Written By Allison R. McAlpine In Ontario, equalization refers to property (assets and debts) division for married spouses only. This does not apply to common-law couples (i.e., couples who cohabit but do not marry). Generally, for each spouse, the following calculation is completed: add up all of the assets that the spouse owned on the […]
