Ex Common Law Spouse Entitled to Half of my Pension in Nova Scotia

[cyanaura]

My common-law partner of 6 years and I split up last July. There was no overt problem between us, we just fell out of love...Our kids (boy 14, girl 11) more or less chose to stay with me in our rented home after their mother left. Despite the fact that she obtained a subsidized housing arrangement and makes about the same money I do, she never paid me anything for support but did agree to let me apply to have the Child Tax Benefit put in my name... In January of this year I had a stroke and the kids more or less moved in with her while I was recuperating. My son has for the most part moved back here with me (he stays at his mom's a few nights a week) but my daughter has taken to sleeping most nights at her mom's (she stays here about 2 nights a week), even though she comes over to the house every day after school with her brother, quite often until eight or nine at night.

I didn't start receiving a pension at my job until 2004 and my ex now claims that she's entitled to half of what it was when we split. Is she? Would she have a hard time obtaining it? Would it be worth her while from a financial point of view? (As of July 2008, when we split, it was about $20,000). Would I have to get a lawyer to defend against it? Or should I simply just give it up? After all, it's not that much money when it comes down to it... Here's a few other details, perhaps relevant, perhaps not:

She refused to help pay for our son's braces ($4600) saying I 'made the decision to get them.' I put them on my line of credit.
As mentioned above, she paid me no support while I had virtually sole custody over them from August 2008 until December 2008.
We each had full-time jobs and separate bank accounts, no joint account ever.
In August 2006 she made a unilateral decision to go back to school part-time, despite my legitimate protestations that we couldn't afford it.
I paid all the rent after she started going to school part-time.
Despite only working part-time after this she was somehow able to afford being registered for a martial art all the time we were together.
I paid for the kids' vacations for all the time we were together.
I paid for most Christmas and birthday gifts all of the time we were together.
A lot of these latter purchases went on my line of credit.

Besides the pension issue, if I decide to purchase a home this year, can she make some kind of claim on it, place a lien against it, etc?

Finally, do I have any real claim on where my soon-to-be 12-year-old daughter resides? If not, should we each file a child tax benefit claim?

I realize compared to a lot of people I have it pretty good, but my stroke has made things that much more difficult. I feel I've lost my daughter in the process. Case in point: her mother this past weekend had her in the hospital with a possible fainting spell, registered her in only half of her name (leaving mine out) and didn't even contact me to tell me she was there. I had to find out through my son. And she's lately been referring to her place when she talks to my daughter as 'your place.' Not nice, not approriate, not true, and not fair to my daughter. It sucks, frankly.

Thanks for any help or advice you can offer.

Brian.

[FL_Needs_To_Change]

She would not be entitled to half per say, except for the 6 years that you resided as common law. She would be entitled to claim half of the contributions made during those 6 years. She would not be entitled to anything up until then, or after the separation.
Equally you would be entitled to half of her contributions during the same 6 year period.

Let’s say you both worked prior to meeting and moving in together. Any contributions made to a pension, either a government or company pension, up until that time would not be touchable by either of you. During those 6 years, (given that you stated you both have relatively the same incomes) splitting the contributions would actually equal out. As you would get half of her contributions for those 6 years and she would get half of your contributions. It's to no ones advantage given your similar income levels to seek to have pensions split. I think she does not realize that if she submits a claim that you are equally entitled to seek a split of her pension contributions.
The only person to benefit would be the lawyers you each hired.

[cyanaura]

thanks for that... only problem is, she never had a pension with her job...

[cyanaura]

so i guess i'm saying: After her lawyer's fees and support she might have to pay me for that five-month period, and my son's braces, what would she have left of the $10,000 worth of pension money? Would it be worth her while to pursue it?

[FL_Needs_To_Change]

She may not have had a company pension, but she would have paid into a provincial/gov. (CPP) pension.

So the CPP would be equally split for the 6 years, and unfortunately she may be entitled to claim against the company pension, not sure how that works in NB.

The following summarizes some of the main characteristics of pension splitting rules as they apply to spouses. In NS calculations are prescribed to determine the commuted value of the pension to be divided.
Benefit accrual period, for NS, is determined by the courts. In other provinces it is from the date of the commencement of the common-law relationship or marriage, to the breakdown subject to an order or an agreement.

[cyanaura]

thanks... not sure if i understand all that, but thanks...


so what's she likely to end up with after legal fees, etc.?

[kelly001]

I am confused. I thought that in common law it was different from a marriage. A pension belongs to the person whose name it is in. Hence, i didnt think a common law partner is entitled to half. If that is the case, then does that apply to all assets not just pension.

Example, if a common law spousel owns a car and they split up, is the partner entitled to half the value of the car.

I thought no, if the car is in one name, then the other is not entitled.

[cyanaura]

i kind of thought that, too. anyone?

[FL_Needs_To_Change]

Originally Posted by kelly001

I am confused. I thought that in common law it was different from a marriage. A pension belongs to the person whose name it is in. Hence, i didnt think a common law partner is entitled to half. If that is the case, then does that apply to all assets not just pension.

Example, if a common law spousel owns a car and they split up, is the partner entitled to half the value of the car.

I thought no, if the car is in one name, then the other is not entitled.

You must show ownership in CL unions for things like Cars, Jewellery, personal items etc.
The only things that can potentially be handled similarly for CL unions as with married couples are the “matrimonial home” and potentially pensions.
CL - depending on your province, you can seek an unjust enrichment claim or similar to gain equity from a home purchased while cohabitating that was intended for the personal use of both parties.
The splitting of CPP can be reviewed on the CCRA web site.

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

As for company pensions this is more tricky as it is indeed the ownership of one party not both in CL unions, and takes on the same rules as other personal assets once the CL union ends.
The home and pension splitting have been a “relatively” recent change since there are increasing numbers of CL unions that enter into the purchase of a home and/or one partner makes sacrifices for the other to work, this allowing for CPP splitting.

[cyanaura]

but it my case she never sacrificed herself for our greater good... was always working, had a separate bank account, etc.