B.C.’s New Family Law Act and Division of Pension Rules Now in Force
The new Family Law Act (“FLA”) came into force today, March 18, 2013. It replaces and repeals the Family Relations Act (“FRA”). The FLA carries forward the basic structure established under the FRA, with some fine tuning to deal with issues not adequately addressed under the FRA.
This bulletin highlights the major changes to pension division under the new FLA.
Application to Common Law Spouses:
- Unlike the FRA, the pension division rules in Part 6 of the FLA apply to unmarried spouses who have lived in a marriage-like relationship for at least two years, in addition to married spouses.
Division of Benefits:
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Before Pension Commencement:
After Pension Commencement:
| Before Pension Commencement:
(Under the FRA, a separate pension was only available if the spouse waited until the member elected to have the pension commence.)
After Pension Commencement:
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Before Pension Commencement:
(The FRA required the spouse to wait until the benefits become payable and then take a share of the income stream.) After Pension Commencement:
| Individual Pension Plans (IPP):
Disability Benefits to be Divided Pursuant to an Agreement or Order:
(Under the FRA, the provisions in respect of disability benefits only applied after the member attained age 60). |
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