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Pension and Divorce After Retirement

Pensions are a critical part of any divorce settlement.

Pensions are an important asset to help protect the long-term financial security of the family. For this reason, pensions are subject to unique regulations and financial considerations in a divorce. The Ontario government recently changed the rules on pensions and divorce, making things more flexible — although potentially more complex.

The advice of experienced counsel is required in deciding to unlock the value in a pension to help resolve the financial issues in a divorce settlement and meet economic needs or to keep the asset intact for retirement.

Elliot S. Birnboim has over 20 years’ experience as a Toronto family law lawyer advising on property division in divorce, including pensions and retirement funds — as well as other employee benefits such as Restricted Stock Options (RSOs).

We help you weigh your options.

Divorce can change how much money you have for day-to-day living. Among the options we can discuss is the choice between keeping money locked in a pension, or available as upfront cash. As with all financial issues in divorce, there is no one-size-fits-all answer — only the answer that’s right for you.

Retirement funds are only one part of an individual’s financial portfolio. In addition to complexities with valuation, there may also be tax implications for a settlement that includes retirement funds. At, we appreciate that all issues in divorce are fundamentally connected — and therefore we provide comprehensive advice and assertive representation that strives for the best possible result.

Call us for a free consultation.

It costs nothing to meet with us. Call us at 1.800.648.7943 or 416-800-2573 for a consultation. You can also use our online contact form.

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