# DIVORCE AND RESERVIST PENSION



## riotstick (19 Dec 2015)

Is she entitled to part of a part time reservist's pension


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## mariomike (19 Dec 2015)

riotstick said:
			
		

> Is she entitled to part of a part time reservist's pension



See also,



			
				riotstick said:
			
		

> Can she take part of a reservist pension on divorce?


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## Blackadder1916 (19 Dec 2015)

riotstick said:
			
		

> Is she entitled to part of a part time reservist's pension



The CF makes no decision about the "entitlement" of a (former?) spouse to assets or income of current or former serving members.  That is decided by the parties in the relationship or by the courts.  Should a former spouse become entitled to a share of any pension, then the question becomes how access to that asset is accomplished.  Depending on the circumstances that may be done by division, garnishment, attachment or diversion.
,
http://www.forces.gc.ca/en/caf-community-pension/division-of-benefits-marriage-breakdown.page

Read carefully.


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## dapaterson (19 Dec 2015)

Generally, division of benefits under federal pension plans is per the Pension Benefits Division Act and its related regulations. (See http://laws-lois.justice.gc.ca/eng/acts/P-6.7/FullText.html and http://laws-lois.justice.gc.ca/eng/regulations/SOR-94-612/FullText.html)

At this point, however, the regulations do not include reference to benefits accrued under part I.1 of the CFSA.  There is a stated intent to amend the regulations within the next two years to address this oversight (http://www.tbs-sct.gc.ca/ip-pi/trans/ar-lr/frp-ppr/pbdr-rpfr-eng.asp).


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