What is the obligation of the receiving spouse to contribute to the equalization of a spouse's pension for income generation after marriage breakdown?

Prince Edward Island, Canada

The following excerpt is from S.K.M. v. F.E.M., 2012 PECA 3 (CanLII):

Another basic principle is that the receiving spouse should strive toward becoming economically self‑sufficient. Nevertheless, the law does recognize that from a practical perspective and in a long term marriage where the spouse has been outside the workforce for a long period of time, self‑sufficiency may not be attainable. Other factors such as age, education and child-rearing responsibilities must, therefore, be considered. When all these are considered, it may be unrealistic in certain cases to expect that the receiving spouse will be capable of returning to income earning employment after marriage breakdown. Nevertheless, the receiving spouse must make a reasonable effort to use the assets received on the equalization of a pension for income generation. This obligation is satisfied if the receiving spouse invests those assets in a capital depleting fund that would allow that spouse to receive a regular income. See: Boston v. Boston at paragraphs 54 to 58.

Other Questions

What is the impact of a disability on a spouse's ability to pay for their pension? (Prince Edward Island, Canada)
How have courts interpreted the Canada Pension Plan Retirement Rule in the context of complex pension plans? (Prince Edward Island, Canada)
What is the test for reducing income for the purpose of avoiding child support obligations? (Prince Edward Island, Canada)
In what circumstances will a plaintiff receive his full costs in a personal injury action? (Prince Edward Island, Canada)
What is the test for having a spouse who has been off the workforce for a long period of time? (Prince Edward Island, Canada)
Does a trial judge have an obligation to restrict contact with one parent? (Prince Edward Island, Canada)
What is the impact of a long-term partner on the economic well-being of his or her spouse? (Prince Edward Island, Canada)
In what circumstances will a court order that a RESP account contributed by family members be used to fund a child's education? (Prince Edward Island, Canada)
Is a pension plan not a family asset? (Prince Edward Island, Canada)
Is it unconscionable for the wife to equalize the net family property with the husband when the husband has all but abdicated his role in the relationship? (Prince Edward Island, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.