Please, I really need some advice with Spousal RRSP's

[rustedinnocence]

My ex is a sex addict (his excuse anyway) & not only serial cheated while depriving me of sexual needs, he lied, manipulated, deceived, emotionally, mentally and recently physically abused me, but he’s not wanting to be fair in the splitting of assets. I’m so stressed and depressed, it’s hard to even have enough energy to fight for what is rightfully mine. We are common-law, not married.
We bought a house together 5 and a half years ago - both names on the mortgage. Even though I worked full time and contributed to the bills the entire time we were together, he doesn’t think I should get half the profit of the house. But whatever, he is who he is. Unfortunately money is his love, not I.
He has a good pension through his work. I do not…so money was being put into a spousal RRSP for me. The Spousal RRSP’s are in my name & he has been the contributor, contributing to them and claiming the tax receipts. The money going into the spousal RSP automatically comes out of our joint bank account (he puts the money in our joint bank account monthly and then it is withdrawn by the fund company).
What is my entitlement to those Spousal RSP’s which are in my name? And do I have any entitlement to his Pension? Any help at all would be very much appreciated. My head is so messed up from him, I don’t know who I can trust or where to turn anymore.
Thank you so much for your time.

[goodcarol2003]

Hi, when my husband and I divorced, I received some of his spousal RRSP'S which where in his name as a settlement. Yes you are entitled to half of his work pension, at least in Ontario.

[rustedinnocence]

thanks so much for the reply goodcarol... but I'm not married, we are only common-law for near 6 years... does that make a difference?

[Mess]

If you are common law, you wouldn't split the pension, but also he cannot have any claim to your RRSP.

The house is joint, both your names and you both paid in, you have a secure claim to half it's value.

[goodcarol2003]

Originally Posted by rustedinnocence

thanks so much for the reply goodcarol... but I'm not married, we are only common-law for near 6 years... does that make a difference?

The RRSP'S wouldn't make a difference married, or living common-law. The company pension, all I know when my husband second marriage had no choice to put my name on as beneficery. I don't want to give you false info on what the law is for company pension. Good Luck!

[MsD]

Originally Posted by Mess

If you are common law, you wouldn't split the pension, but also he cannot have any claim to your RRSP.

The house is joint, both your names and you both paid in, you have a secure claim to half it's value.

Mess, can you clarify this? A spousal RRSP cannot be (re)claimed by the partner who made the contributions and so, in effect, is the property of the spouse in whose name it was set up?

Tks,

[logicalvelocity]

Many pension plans can be divided on relationship breakdown including common law ... Superannuation, CPP and Omers to name a few as long as their thresholds are met.

The Pension Benefits Division Act - Program Overview

Canada Pension Plan (CPP) - Credit Splitting Upon Divorce or Separation

Marriage breakdown and your OMERS pension

[MsD]

Originally Posted by logicalvelocity

Many pension plans can be divided on relationship breakdown including common law ... Superannuation, CPP and Omers to name a few as long as their thresholds are met.

The Pension Benefits Division Act - Program Overview

Canada Pension Plan (CPP) - Credit Splitting Upon Divorce or Separation

Marriage breakdown and your OMERS pension

Thanks for the links, logicalv, but they don't answer my specific question about Spousal RRSPs.

Anyone?

[rustedinnocence]

Ok... i found out SOLID answers (at least for Ontario).
My lawyer told me that SPOUSAL RRSP's , in a common-law relationship, belong to who's ever name they are in. So if you are common-law, and for example sake, the man puts money into a RSP for his common-law partner and claims the tax benefit on it, then the Spousal RSP would be in her name and even though he put the money into them, he has no right to them. They belong to her. As far as his pension goes...she has no right to it.
Now if you are married, it is different. But this is definately how common-law works with spl rsp's in ontario.