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Eligibility for pension splitting on Relationship Breakdown extended to Common-Law Spouses

Pierre Boileau K.C.
 view Arbitrator profile
  Miller Boileau Family Law Group
   Edmonton, Alberta


A Court of Queen's Bench of Alberta decision gives common-law pension partners the same rights to split pension benefits as apply to legally married pension partners on marriage breakdown. It should be noted that the common-law pension partner must meet the criteria for being a pension partner as defined in section 1(3)(b) of the Employment Pension Plans Act.This applies to private sector pension plans either registered in Alberta , or for Alberta-regulated employees of a pension registered in another jurisdiction.

0 5 years ago

Emma Benarzi Executive
  -
   Calgary, Alberta


would you possibly have the case citation to provide?

0 5 years ago

Stephen Harfield
  Queck & Associates
   Sherwood Park, Alberta


Lubianesky v Gazdag, 2018 ABQB 290 I believe is what is being referenced. It is about enforcing common law agreements to divide pensions under the EPPA. Justice rules the provision that only married couples may enter agreements unconstitutional.

0 5 years ago

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