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I was deemed disabled after a workplace injury. I was granted WSIB loss of earnings benefits, CPP disability benefits, and granted early retirement benefits from Omers based on a total disability basis until age 65 when it then switches to my normal earned pension. Less than 2 years after being deemed disabled and after my disability benefits have been in pay, my wife and I have decided to separate for divorce. I had an evaluation done by my pension admin and it included my total pension amounts from day of request which includes my earned/contributed pension pre-injury and benefit amounts in pay post-injury. How is my disability portion of my pension equally entitled to my ex spouse? It is only in pay to me if I remain qualified by disability. Why would she be entitled to any of the pension calculated after my disabling injury? I can see her entitled to my earned oensuon pre-injury bit my income loss due to my disablement has nothing to do with my marriage. Even the courts have recently decided that all disability benefits should be considered income and not family property (Hamilton v. Hamilton 2005) so why doesnt it get divided in valuations performed by administrators of pensions? It seems the rules have not caught up to court precedents. This needs to be addressed ASAP. Its unfair and costly bc the first valuation is free, but to go back and request the properly divided valuation costs $600.

You need to consult with a family law lawyer.
Sivan Tumarkin
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