Common-law Pension Division and RRSP

[Seeking advice]

I was in a common-law relationship for 6 years with no domestic contracts in place. We separated last March under a verbal agreement and exchange of e-mails. No formal separation agreement was signed because we both wanted to just walk away. In the verbal agreement we divided assets and debts somewhat amicably, and she agreed not to pursue getting a portion of my pension and I would not pursue getting a portion of her RRSP contributions. I have just received a notice to appear in court for a organizational pre-trial conference to respond to her application for division of pension under the common law principles of trusts or unjust enrichment. In this application she states I do not have the right for division of her RRSP contributions made during the common-law period. Is this correct? If we had stayed together until retirement would not both my pension and her RRSP contributed to the standard of our living? Could not holding of her RRSP contribution benefit from me while taking my pension actually in fact mean she was reaching an unjust enrichment, in that the enrichment of her standard of living on retirement will result in a deprivation of mine? I do not see any unfair enrichments at all. We both worked and contributed to retirement plans - I my pension, she towards her RRSP. If already under a verbal agreement, do you feel a judge would order an amend to that agreement against the wishes of one of the parties if there was not a gross injustice. I would see the argument if only one party in a relationship worked and contributed to a retirement plan, but in this case there were contributions made to both plans. One certainly cannot be divided while leaving the other untouched. Any thoughts would be appreciated.

[billiechic]

Sorry, that is very hard to read in one paragraph. Can you seperate it out?

[Seeking advice]

I was in a common-law relationship for 6 years with no domestic contracts in place. We separated last March under a verbal agreement and exchange of e-mails. No formal separation agreement was signed because we both wanted to just walk away.

In the verbal agreement we divided assets and debts somewhat amicably, and she agreed not to pursue getting a portion of my pension and I would not pursue getting a portion of her RRSP contributions.

I have just received a notice to appear in court for a organizational pre-trial conference to respond to her application for division of pension under the common law principles of trusts or unjust enrichment. In this application she states I do not have the right for division of her RRSP contributions made during the common-law period. Is this correct?

If we had stayed together until retirement would not both my pension and her RRSP contributed to the standard of our living? Could not holding of her RRSP contribution benefit from me while taking my pension actually in fact mean she was reaching an unjust enrichment, in that the enrichment of her standard of living on retirement will result in a deprivation of mine?

I do not see any unfair enrichments at all. We both worked and contributed to retirement plans - I my pension, she towards her RRSP.

If already under a verbal agreement, do you feel a judge would order an amend to that agreement against the wishes of one of the parties if there was not a gross injustice? I would see the argument if only one party in a relationship worked and contributed to a retirement plan, but in this case there were contributions made to both plans. One certainly cannot be divided while leaving the other untouched.

Any thoughts would be appreciated.

[today]

Based on what you have said, Personally I wouldn`t worry too much about that one, she has an uphill battle tp prove unjust enrichment, it is not as simple as she or you may think.

[standing on the sidelines]

to me if she wants part of your pension then her RRSPs have to put on the table also. She cannot protect her assets while trying to get a piece of yours.