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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 02-05-2013, 10:56 PM
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my ex common law partner and I met in basic training. we lived togeher for 3.5 years and decided to have a child and that point claimed common law with federal governement. In 2007 we decided to separate and I had to get a lawyer because he refused to pay support. we were both the same rank and the same time in. He had the option to a lawyer but didn't because the only issue was child support. I got promoted in July 08 to Sgt and we decided to get back together in April 09 and he stayed a Mcpl. In Jan 11 we split again. During our division of property we both had to get pension assessment done and he notice that my pension is $30,000.00 more than his. Which I find it hard to believe my pension in only 2.5 years as a sgt is worth that much more than a MCpl but anyway. Now he is asking his lawyer to reopen the case in 2007 and he wants equal amount in both of our pension. Can he reopen the case and do that?
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Old 02-06-2013, 10:07 AM
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Can he reopen the case and do that?
If you weren't married there is no division of property.
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Old 03-06-2013, 09:30 PM
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if you leave each others pensions you can both have your own at the end of your contract, if you take each others then that portion goes into a secured rrsp that you cannot touch until you are 65, there are no lump sum payouts anymore, idk about him but i want my pension when im 47 not 65, tell it to him straight, that way, im sure he will leave it be
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Old 01-15-2014, 10:54 AM
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Will it's been awhile since I wrote for advice. Here is the situtation. My ex commom law partner and I are both military, we actually meet in Basic and one child. In the process of division of property I got posted. Keeping in mind he had only voluteered see our son 2 half days for approx 1 1/2 yrs. When he knew I was posted out of the province these are the things we demand and I agreed to because if I didn't he was not letting me take our son to a new province:

Child support based on $65,000.00 Which his T4 listed $77,000.00.

I had to pay to trips back for my son to see his father twice a year and he would pay one.

And the have equal amounts in our pensions. The problem with that is, in the 13 years we were together we broke up for two years and at that time I got promoted and he still wanted the pension divided for that time period also, even tho I proved we were not together for the two years I have to give him 1/2 my penison. I agreed because I wouldn't leave my son. In fact I left for my name place of post on the 10 July, 13 and he refused to sign unitl 7pm on the 9 July, 13.

Now that I am at my new post and settled in and have got rid my lawyer can I dispute paying him 1/2 my pension for the years we were together?

Thanks.
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Old 01-15-2014, 12:09 PM
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Didn't you agree to the pension split in writing?

You can dispute anything you want, but I would hope you would not win in that case.

Leave it be and keep money for your child instead of the lawyers.
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Old 01-15-2014, 12:32 PM
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Will if you mean "in writing" by lawyer to lawyer yes I agreed to it. It just pisses my off the I deployed and finish my education to get promoted and he gains for it!!!

Ya your advice is taken I have my boy and at he end of the day that is what bring me my happiness!!!

Thanks.
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Old 01-15-2014, 01:11 PM
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if you mean "in writing" by lawyer to lawyer yes I agreed to it.
In writing means in an agreement that you signed, generally.

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It just pisses my off the I deployed and finish my education to get promoted and he gains for it!
What province are you in?

As noted above, in some provinces there is no equalization of property following a cohabitation - in other words, he does not get anything from your pension.
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Old 01-15-2014, 01:29 PM
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Saskatchewan.
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Old 01-15-2014, 01:57 PM
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It just pisses my off the I deployed and finish my education to get promoted and he gains for it!!!
Aye Aye.....you don't have to be Military for this to happen, there are similar cases on civvie street.

Am sure you know a number of people that have been on numerous tours, and have found themselves in similar situations? It is what it is, and service couples have a number of other issues to deal with.

You are wiser now (am guessing), and have your life ahead of you. Don't rush into anything i.e. rebounds, and make sure you have a cohabitation / separation agreement in the future.

Soldier on....
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Old 01-15-2014, 02:42 PM
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Yes you can say that again, I am much wiser now. After everything was said and done and he was ordered to pay back support for a couple of years the difference was about $3000.00. It just burns a bit for a short while!!!
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