In what circumstances will a husband's pension be used as security for payment of an equalization payment?
Ontario, Canada
The following excerpt is from Sim v. Sim, 2009 CanLII 6835 (ON SC):
In Coathup v. Coathup, [2000] O.J. no. 289, MacLeod J. ordered that the husband’s pension would stand as security for payment of the equalization payment. That was a case where the husband was threatening bankruptcy proceedings in order to avoid his obligation but had not made an assignment in bankruptcy at the time of trial.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of postponing equalization of a husband's pension equalization until after the husband’s pension is equalized? (Ontario, Canada)
What are the circumstances in which a husband has a constructive trust claim against his wife for the value of the husband's pension accumulated over the pre-marital period? (Ontario, Canada)
What is the test for securing security for the payment of future support? (Ontario, Canada)
How have courts dealt with an application seeking to force an employer to make payments into a pension fund for the benefit of certain pension members? (Ontario, Canada)
In what circumstances will an equalization payment be ordered post-separation? (Ontario, Canada)
Does a vesting order need to be made against a husband who forged his wife's signature to avoid paying the equalization payment? (Ontario, Canada)
When a wife is unable to work because of depression, can she continue to receive an equalization payment from her husband? (Ontario, Canada)
What is the retroactive retroactive child support obligation of the wife against the husband's equalization payment owing to her? (Ontario, Canada)
When a husband ceases to work when he could be working, when the wife's income is limited by the husband's lack of income, is that husband's absence of work not a bar to a support order? (Ontario, Canada)
Is there a double-dipping scheme where the husband's post-separation pension has not been equalized? (Ontario, Canada)
