My ex and I have been living separately for 5 years. We were married for 15. We have had no agreement done during this time. I now would like a divorce. I am a nurse have paid into a pension for part of my career. He is a hydro one linesman who is eligible to retire in 2 to 5 years. Are our pensions an asset and if so, do we divide these assets based on 15 or 20 years, as we are still, legally married?
— Angela P.
Normally, the pensions are valued from the date of marriage to the date of separation... not the date of actual divorce. You really should speak to a lawyer and get a properly drafted separation agreement done on a final basis. The separation agreement will resolve all of the outstanding issues on a final basis including the equalization of the assets. We have some good information on this website about the equalization process. Here is a link to the page and video on our website about equalization: https://www.galbraithfamilylaw.com/equalization/ When you are ready, just book a consultation with one our lawyers.