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Is my pension considered legal property during a divorce?

Pension Family Law

Is my pension considered legal property during a divorce?

To start, PENSIONS ARE CONSIDERED PROPERTY under the Ontario Family Law Act and is valued in accordance with the Pension Benefits Act.

Family Law in Ontario provides that each spouse is automatically entitled to a share of the spouse’s pension, as it is considered part of the family assets that are to be equalized upon separation or divorce.

How does a pension get split in a divorce?

There are detailed rules on how that post-split division is calculated. This is where it gets a little complicated.

Assuming one of the spouses is a member of an Ontario pension plan, those rules apply mainly to married spouses who separated on or after January 1, 2012, or who separated prior to that date but had not yet resolved their property issues by then.

These rules can also apply to unmarried spouses, but only by agreement.


1) The “Preliminary Value” of a pension is the total value that the pension-holder earned while he or she was a member of a pension plan, up until the marital separation date.

2) The “Family Law Value” (sometimes called the “Imputed Value”) is that pro-rated portion of the Preliminary Value that was earned during the period of the pension-holder’s marriage to the other spouse (and if the spouses agree, any period of cohabitation can also be included in this amount).

Once the Family Law Value has been calculated, it forms part of the calculation for determining the pension-holding spouse’s Net Family Property for equalization purposes

Different Approaches

The correct approach to valuing a pension will differ according to the type of pension.

Defined Contribution Pension – The Preliminary Value is calculated by taking the value at date of marriage and deducting it from the value at the date of separation.

Defined Benefit Pension – If the pension-holding spouse is not eligible for an unreduced pension on the separation date – the Preliminary Value of his or her pension is calculated through a complicated formula that incorporates various retirement dates.  There is a different formula applied if the pension-holding spouse is already eligible for an unreduced pension on the separation date.

Note! that the pension division is actually optional, but only in that the pension-holding spouse can buy out his or her spouse’s interest in it, using other assets.


Toronto sisters accused in Nigerian sexual extortion scandal try to clear their name



Jyoti and Kiran Matharoo sisters

Jyoti (right) and Kiran Matharoo (left), in a photo posted to Instagram in 2015.

They were nicknamed the “Canadian Kardashians” and garnered a large following on Instagram. Jyoti Matharoo currently has 49k followers and has posted several documents on their blog www.Matropolitan.com.

In an Instagram post Jyoti Matharoo claims there are 36 pages but they have posted only the ones pertaining to them. She stated the documents not posted include 8 pages of statements from Babatunde Oyebode, 3 pages of statements from Kiran Matharoo.


They were accused of attempting to extort a Nigerian Billionaire Femi Otedola. They were quickly arrested and briefly jailed. The sisters allegedly tried to blackmail Femi by claiming they had evidence of him cheating on his wife and they would post that evidence to a sex-scandal website NaijaGistLive.

On or about December 29, 2016 the sisters Jyoti and Kiran Matharoo posted a video on youtube apologizing and taking responsibility for a website called Naijagistlive. In the video they read a prepared statement off a cellphone.

In the video they stated that the money went to “Babatunde Oyebode of Huzzle Inc.” According to the Toronto Star, they received messages from a Twitter account under the name Babatunde Oyebode listed as a  CEO of Huzzle Inc and he stated to them that he had been charged and arrested by the Nigerian Police. It is perplexing why the sisters would not post Oyebode’s 8 page statement or the Kiran’s 3 page statement. Some online posters have inferred that they only posted what was beneficial to them to corroborate their story.

Return to Canada

The editor of an online newspaper that first broke the story of the charges, Dumebi Ifeanyi believes that the Canadian government may have intervened and helped Jyoti and Kiran Matharoo flee Nigeria.

Ifeanyi states “…the Canadian High Commission gave a document to the girls which would aid them to travel without their passports.”

A CityNews Investigation found they resurfaced online and appear to be back in Toronto.

A lawyer who helped the sisters told CTV News that they were issued replacement emergency passports by the Canadian Embassy.

Change of Story

In an exclusive with CTV news the Matharoo sisters changed their story even though in the apology video they said they would, “We promise not to say anything of the contrary to what we are saying now. We freely volunteer to make this video, and not under duress [be]cause we are aware of the damages[sic] done to people.”

Now they say they made the apology video to get their passports back but they were never returned. They told CTV News they made the apology video out of fear for their lives.

The Matharoo sisters left Nigeria on January 1 and have already missed several Court dates. The next date is scheduled for May 22. Canada and Nigeria do not have an extradition treaty.

Who should we believe?

23 year old beats Murder charge, shot and killed minutes later

Alleged Murderer

A man who beat his murder case when prosecutors failed to give him a speedy trial was killed minutes after leaving Cook County Jail on Monday night, according to authorities.

Kamari Belmont, 23, was being held on murder and robbery charges after he allegedly shot a man during a robbery and robbed another man a few hours later in 2015.  The man he shot died weeks later.

Cook County prosecutors dropped the murder charges at the end of January after allowing too much time to elapse under the state’s speedy trial statute, according to court records and Belmont’s attorney.  The robbery charges remained and Belmont was ordered held on a $100,000 bond.

At 5:30 p.m. Monday, a friend of Belmont posted the required $10,000 on the bond and Belmont was released at 11:12 p.m., according to jail officials.

Belmont was a few block from the jail when a white SUV pulled up to his car on California Avenue and someone inside started shooting, police said. Belmont was hit several times.

The SUV ran a red light as it sped off and crashed into a car near Interstate 55, police said.  Those inside ran away.  Belmont collapsed in the street and died at the scene.

“Oh my God, I can’t believe it,” said Belmont’s attorney, Michael Johnson, who said he has known Belmont’s family for more than two decades. He said he’d seen Belmont at the jail recently as the family put together the bail money.

“I told him, once he gets out he’s got to get out of the neighborhood,” Johnson said. “Unfortunately this isn’t the first time I’ve seen this.”

But Johnson said he didn’t believe Belmont’s killing was street justice. The armed robbery and murder weren’t gang-related, Johnson said, and he didn’t think it possible that word spread that quickly of Belmont’s release from jail.

The shooting and robberies occurred on May 1, 2015.  The person who was shot, Sorrell Marshall, 40, died three weeks later.

Belmont and another man, Terrance Hogan, 23, were arrested the night of the shooting and initially charged with attempted murder and armed robbery. The charges were not upgraded to murder until nearly a year later, in April 2016, according to a timeline compiled by jail officials.

It wasn’t clear why prosecutors waited so long to file murder charges. However,  Marshall’s death was not immediately ruled a homicide by the Cook County medical examiner’s office, which initially marked the case as pending further investigation.

But the clock under the speedy trial statute had started ticking with the attempted murder charges. The murder charges did not reset the clock because they were based on the same set of facts, according to a three-page motion from attorneys for Hogan and Belmont.

Prosecutors had no choice but to drop the charges, Belmont’s attorney said.

A representative from Cook County State’s Attorney Kim Foxx’s office did not respond to a request for comment.

Marshall was shot after he dropped off his girlfriend near her apartment at 37th and Vincennes and parked when Belmont and Hogan tried to rob him, according to authorities.  A struggle ensued, and Marshall was shot in the leg and the groin.

Belmont was arrested in Canaryville that night after he and Hogan held up a man in the South Loop, authorities said. A woman with the victim fled and flagged down a police car that tracked the phone to Canaryville.

Hogan was accidentally shot by police during the arrest, according to the police union at the time. He was arrested after he showed up at Mercy Hospital and Medical Center seeking treatment.

Source: Chicago Tribune