Fifty Percent Rule Family Law Terminology

Fifty Percent Rule

Fifty Percent Rule: There are two definitions for this:

1) OPBA, Section 51(2) – The spouse in any situation will he or she never receive over 50% of the pension that the member has earned/accrued throughout the marriage. This only relates to the value of the pension.

2) OPBA, Section 39(3) – As of January 1987, Ontario provincial legislation ordered that the contributions made by the pension member and the accumulated interest accrued under a pension plan may not be used to provide over 50% of the post 1987 computed value on the date the pension was terminated. If the pension plan member is entitled to a contributory benefit, an amount deemed as surplus value can be given to the plan member in a lump sum payment or contributed back into the value of the pension, (this only is related to pension contributions). This will be found in a pension plan report as ‘ Special Adjustment’.

More About: Fifty Percent Rule

Other articles you may find interesting:

Here is a video you may find helpful

[fusion_youtube id=”Xu6Cc6t4_xk” alignment=”center” width=”” height=”” autoplay=”false” api_params=”” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” class=”” /]

Feedback & Your Questions

Your Questions are welcome. Just tap the button below.

An Early Neutral Consultation may help
The Best to Start Your Separation

The Best to Start Your Separation

Free Legal Advice in Ontario

Discover free legal advice resources in Ontario to help you navigate the complexities of separation and divorce. Learn about various services, including legal information centers, hotlines, and pro bono clinics, designed to provide support and guidance during these challenging times. Empower yourself with the knowledge and resources to make informed decisions for your family's future.

About the Author:
Ken Maynard CDFA, Acc.FM

I help smart and successful couples, create separation agreements with clarity and soft landings for secure futures, in 4 meetings or less without all the lawyer created overwhelming conflicts, confusion and costs. You can work with me by video conference or with a DTSW associate at any of our 6 DTSW Greater Toronto mediation centers, including | Aurora | Barrie | North York | Vaughan | Mississauga | Scarborough.

Have a few questions -  Tap here to Schedule a Get Acquainted Call



Go to Top