50% of a Man’s Pension Income Diverted:

Under the Divorce Act and Child Support Guidelines enacted in 1997 by the Liberal Government of Canada, together with the Family Orders and Agreements Enforcement Assistance Act, separated fathers can have their pension income diverted to their former spouse in the amount of one-half (even though the former wife re-marries or has income or pension of her own: no means testing is legislated).  Even Federal employees such as postal workers, Air Canada employees, anyone in Parliament or the Senate is affected, such as by Section 36, Amount of Diversion in the Pension Diversion Act. For a complete reading of it you can download a PDF here.

100% of a Man’s Pension Income Diverted:

Under the Province of Ontario’s Pension Benefits Act Amendments, based on Ontario Case Law, Nicholas v. Nicholas, 1998, 17 C.C.P.B 130, the court can “stack” support by diverting both halves of a man’s pension income (100%). This sets a precedent in Family Law.

See “stacking” on page 12 of this document:  download (PDF) here.

If that wasn’t enough penalty, Canada’s Tax Laws discriminate against men (not women): Despite one-half or 100% of the father’s net pension income being diverted to the former spouse, he is still taxed on the full gross amount of the stated gross income, and is obligated to pay the income tax on the gross amount to the federal and provincial governments.