PSC comoensation and Spouse via Divorce in Ontario

yup all about the interpretation by the person on the bench these days, good luck its gonna hurt one way or another

Pantspumpkin wrote:I'm currently waiting to have my first consultation with a lawyer.. but curious if anyone has any insight as to the following. I've recently reverted a favorable decision awarding me Pain and Suffering compensation for PTSD. I have been told it will arrive as a monthly payment or I can elect to take it as a one time lump sum payment.
Coincidentally, I'm now also in the beginning stages of seperation and moving towards a divorce. We are amicable and agreed to end the relationship ship this October. I have yet to receive any payments from.v the above mentioned PSC.. the first installment is not due until later this month. The process to receive the 1 x lu.p sum payment in told can take afew weeks to months to process.

My question would be has anyone any knowledge as to whether or not a VAC PSC award/compensation would be considered as family assets or property and therefore subject to splitting 50/50 with my spouse?

I have seen your post on various site. Robbie royal advice is sound. However, you new award does not fall under THE Pension Act. The fact that you are separated and the funds have not been used as a marital asset is to your benefit. Personally, I would continue getting the monthly amount until the new year. After Jan you can request a lump sum and get an additional 4% for the cost of living. Between now and then set up a new bank account and have that lump sum deposited there. It is tax free and will not appear on any Revenue Canada statement. My gut tells me this will not be a family split. Unfortunately, same courts same province dealt with Disability awards differently. I can tell you with 100% certainty courts are all over the place. So you never really know. It up to the judge. At the very least you can get the lump sum in January and take it out in cash. Take random amount under 10k. I AM NOT A LAWYER AND IF IN DOUBT SEE ONE> CHeers

Your pain and suffering is not an entitlement rather it is an award and under the awards for the Pensions Act it should not be deemed as earnable income for the purpose of marital property. If you are claiming your spouse and your dependant children those benefits and entitlements can be used. However if you are pro-active and your former wife is no longer being claimed by you then she has already shared in those assets and cannot retain a portion of your award for her gain going forward. If your children are in a living arrangement with both parents then I suggest you ask your lawyer is this VAC entitlement considered income. Things have changed since I got raked over the coals but I did retain my awards as they were not considered marital property. Hope this mud pie helps.

I'm currently waiting to have my first consultation with a lawyer.. but curious if anyone has any insight as to the following. I've recently reverted a favorable decision awarding me Pain and Suffering compensation for PTSD. I have been told it will arrive as a monthly payment or I can elect to take it as a one time lump sum payment.
Coincidentally, I'm now also in the beginning stages of seperation and moving towards a divorce. We are amicable and agreed to end the relationship ship this October. I have yet to receive any payments from.v the above mentioned PSC.. the first installment is not due until later this month. The process to receive the 1 x lu.p sum payment in told can take afew weeks to months to process.

My question would be has anyone any knowledge as to whether or not a VAC PSC award/compensation would be considered as family assets or property and therefore subject to splitting 50/50 with my spouse?