What is the test for releasing a spouse's federal government pension?

Ontario, Canada


The following excerpt is from DeCraemer v. DeCraemer, 2012 ONSC 1182 (CanLII):

In my considerations of this matter, I am drawn to the decision of Linhares de Sousa J. in Wilde v. Wilde [2000] O.J. No. 2395. In this case, the parties on the eve of trial entered into minutes of settlement. The final minutes included a term by which the wife released all interest in her husband’s federal government pension. Throughout the history of the case and the settlement negotiations, the wife had always sought an interest in the pension as part of the equalization of net family properties.

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