How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Legal Ease Your Own Question

Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 98993
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
10263656
Type Your Canada Law Question Here...
Legal Ease is online now

When I divorced my ex husband did not declare that he had been

Resolved Question:

When I divorced my ex husband did not declare that he had been accruing a pension when we were married.
I have since found out he has been receiving this pension for the last four years.
What action can I take ?
Best regards,
Ann Cowen
Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.
Thank you for your question. My goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Are you saying he did not declare the pension as part of his income or his assets?
Customer: replied 2 years ago.

that's correct

Expert:  Legal Ease replied 2 years ago.
When did you divorce?

Was there a separation agreement?

Was there a division of assets?

Did he lie on a financial statement?
Customer: replied 2 years ago.
Hi,
Divorced in 1993 and there was no assets or a separation agreement.
We had a shared business that failed and I divorced him for adultery.
I was unaware of his pension.
Best regards,
Ann
Expert:  Legal Ease replied 2 years ago.
Did he lie on a financial statement?
Customer: replied 2 years ago.
I am unaware if he lied but he worked in financial services so he would have been aware he was contributing to a pension. Should my solicitor not ensured that he was asked the question ?
Best regards,
Ann
Expert:  Legal Ease replied 2 years ago.
It depends on what happened.

If he had an asset he did not reveal then this would be fraud and so a reason that you could address this.

If you decided that there was to be no division of assets because what little you had was not worth it then it is too late to seek a division of assets now.

When there is an application before the court, especially where you had a lawyer, there would have been sworn financial statements. If he lied there then you can seek to address this now as there is no limitation period for fraud.

But all you would be entitled to would be half the increase in value of the pension over the course of the marriage. You would not be entitled to half his pension or half of what he is receiving now from the pension.

Sow how long you were married for and when he started paying into the Plan etc is what will matter here and this will only matter at this point if he lied and didn't disclose the asset.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 98993
Experience: I have been a lawyer since 1985 and have been a professional on this site for 5 years.
Legal Ease and other Canada Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
< Previous | Next >
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • Legal Ease

    Legal Ease

    Lawyer

    Satisfied Customers:

    37916
    I have been a lawyer since 1985 and have been a professional on this site for 5 years.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/RE/retireddebra/2017-3-16_175837_canadalawbookssmall.64x64.jpg Legal Ease's Avatar

    Legal Ease

    Lawyer

    Satisfied Customers:

    37916
    I have been a lawyer since 1985 and have been a professional on this site for 5 years.
  • http://ww2.justanswer.co.uk/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    21
    Spanish Attorney
  • http://ww2.justanswer.co.uk/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Attorney

    Satisfied Customers:

    6
    Private practice with experience in common law, civil law, international family law, and international contracts.
  • http://ww2.justanswer.co.uk/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.co.uk/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.co.uk/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
 
 
 

Related Canada Law Questions