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Vancouver and Edmonton Family Law Blog

Pension Division and Spousal Waiver (Form 2) - What is it and should you sign?

What is a Spousal Waiver (Form 2)?

A Form 2, once signed and filed with the pension provider, authorizes the pension provider to stop payments to a plan member's spouse after a plan member dies. The Pension Benefits Standards Act (the "PBSA") requires that if a member of a pension plan has a spouse when he or she retires, the plan member must select an option that provides the spouse with 60% or more of the member spouse's pension benefit after the member spouse dies. However, the PBSA also allows for a spouse of a pension member to waive his or her benefits under the member spouses' plan by signing a Form 2 statement. As outlined at HERE, Form 2 is used when: "the spouse of a member/former member of a pension plan agrees to waive or give up his or her right to receive survivor's benefits, if the member/former member dies after starting pension or annuity payments, for one or more of the following purposes:

Judicial Case Conferences (JCCs) in Family Law Proceedings: What You Need to Know

Judicial Case Conferences (JCCs) are a key part of the litigation process in family law Supreme Court proceedings in British Columbia.

What is a JCC?

A JCC is an informal meeting between you, your Ex, and your respective lawyers (if you have retained one), and a judge or master. JCCs are intended to provide a safe and informal place to review and clarify the issues in dispute with a judge or master. Sometimes this can lead to partial or complete resolution of your dispute. Even when you and your Ex have taken polarized positions and are headed to trial, a JCC is still required to get a trial date set and may help get at the real foundation of the dispute, which can save the court time and ultimately save you money.

Parenting during separation and divorce. How do courts decide parenting time?

This will be the first of a number of articles briefly covering different aspects of separation and divorce law in Alberta. They are intended to provide a general guideline to help you orient yourself. However, there is no "one-size fits all" approach in family law. The facts of your situation are always going to have an impact, and it is still best to get a lawyer's advice about your specific situation.

How Separation or Divorce can Impact your Taxes

As we head into tax season many of our clients will be sitting down to organize their taxes. When going through a separation or divorce from your spouse, there are a number of tax issues that should be considered. By identifying these issues at an early stage, separating spouses can be better informed, and proactive about organizing the documents and information that they will need to produce to the Canada Revenue Agency ("CRA"). Below are a few high level tax issues to consider:

How BC courts treat an Investment Advisor's (IA) book of business

An Investment Advisor's book of business is considered family property capable of division (see the BC Court of Appeal decision of Lightle v. Kotar 2014 BCCA 469). Under part 5 of the Family Law Act, the value of an IA's book of business acquired during the course of a marriage or a marriage-like relationship should be equally divided between spouses.

Understand your legal options. Make informed decisions. Contact the family law lawyers of Henderson Heinrichs LLP


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