What are the factors to consider when determining a spouse's share of a pension entitlement when they are married?
British Columbia, Canada
The following excerpt is from Burton v. Gillies, 2009 BCSC 1 (CanLII):
The factors to be taken into account are reviewed in Burridge v. Burridge at para. 35, and include: the length of the marriage; the proportion of the pension accrued during the marriage; whether, if one of the spouses does not receive a share of the pre-marriage accruals, the other spouse will have to pay maintenance; and whether there was an intention that the pension would be used for the benefit of both parties on retirement.
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