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Pensions are often people’s most valuable asset, and are considered to be family property under the Family Law Act of the Northwest Territories.
Defined benefit pensions are complex assets and can be difficult to deal with on divorce. There are two fundamental issues to consider: the mechanisms available to actually divide the pension and whether these mechanisms divide the pension fairly.
There are two primary mechanisms to divide a defined benefit pension: the actual pension payment can be split at retirement or a lump sum payment can be made from the pension plan to the non-member spouse. Pension plans in the Northwest Territories are regulated under the federal Pension Benefits Standards Act or they are federal government pension plans (i.e. for federal government employees). Pension plans for federal government employees allow only a lump sum payment to the non-member spouse. Pension plans regulated under the federal Pension Benefits Act generally provide either a lump sum payment or a pension payment to the non-member spouse. Click here for more information. In addition, the member spouse can “buy-out” the non-member spouse and not divide the pension at all. In order for a “buy-out” to occur, a fair value needs to be assigned to the pension (so the correct amount of the buy-out can be established).
Fair Value for the Pension
Assigning a value to a defined benefit pension is not a straight forward task (click here for more information). There are many different ways to value a defined benefit pension. This leads to much confusion when couples are attempting to assign a value to a defined benefit pension on marriage breakdown. In many cases, however, from an actuarial/economic perspective the value of the pension provided by the pension plan administrator is not a fair value to assign to the pension and can understate the fair value of the pension. Ultimately the value that should be assigned to the pension for the purpose of property settlement under Family Law Act of the Northwest Territories is a matter of law. However, if the parties want to ensure that a fair value is being assigned to the pension from an actuarial/economic perspective, in many cases a full actuarial valuation by an independent actuary is required.
Foreign pensions/pensions from other provinces
In the case of foreign pensions, it is likely that an actuarial valuation by an independent actuary would be required. Actuaries can assist clients by valuing pensions from other countries and providing the lump sum value of a foreign pension in Canadian dollars and ensure that the valuation is in accordance with the standards of practice of the Canadian Institute of Actuaries; this valuation will enable the couple to include the fair value of their foreign pension with the rest of their family property.
Please read the information below and contact us if you have any questions.
- How are pensions in the Northwest Territories divided on marriage breakdown?
- Supplemental pension plans are often overlooked
- Why should a defined benefit pension be valued by an actuary?
- Can we use the value of the pension provided by the pension plan administrator?
- Does the value of person’s pension assets need to be adjusted for income tax?
- Pension valuations frequently asked questions
- Information for RRSPs
- Information on our services and fees
Valuation of stock options and restricted stock units (RSUs)
Some employers provide stock option and/or restricted stock unit grants as part of an employee’s compensation. If stock options or restricted stock units have been granted during the period of marriage and have not been exercised at the date of separation, these options/units are generally considered family property and may need to be valued. For more information, click the link below.
- Information on the valuation of stock options and restricted stock units
- Information on our services and fees
After a divorce there is often a need for regular support payments to be made from one spouse to the other (either child support or spousal support). Please click the link below for more information on support payments.
It is important to consider the long-term financial implications of a separation agreement for both spouses; it is important that both spouses understand the impact that any settlement proposal will have on their future cash flow and net worth. For example, if a spouse keeps the matrimonial home as part of the settlement it is important that they have adequate cash flow to maintain the home and pay for their living expenses. Please click on the link below for more details.