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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 103376
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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When I divorced my ex husband did not declare that he had been

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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
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 3 years ago.

that's correct

When did you divorce?

Was there a separation agreement?

Was there a division of assets?

Did he lie on a financial statement?
Customer: replied 3 years ago.
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,
Did he lie on a financial statement?
Customer: replied 3 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,
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.
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