Terms were separation agreement were complete answer to claim to share in pension prior to reconciliation

Ontario civil | Family Law | Division of family property | Order for division of property

Parties married in 1997 and separated in 1999. They entered into a separation agreement. Hearing held to determine value of husband’s pension. Based on agreed facts, husband owed to wife further equalization payment of $28,303.14. On the evidence, nothing in parties’ conduct that set aside the clear terms of agreement. Terms were complete answer to wife’s claim to share in husband’s pension prior to reconciliation.

Miaskowski v. MacIntyre (2019), 2019 CarswellOnt 5343, 2019 ONSC 1872, G.D. Lemon J. (Ont. S.C.J.).

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