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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 11-21-2013, 07:34 PM
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Default Value of Long Term Disability and CPP

A little history of my sitation is that me and ex have been separated for a year. we have three kids 17,14 and 8. Ex is disabled and collects long term disability plus the CPP disability. He started collecting these five years ago while we were married. Ex is 40 yrs old and I am 35. I am uneducated and have osteoporosis that does not allow me to work. we are now doing equalization.

1) My 1st question is that are long term disability payments considered when doing equalization. I have been told that I can get half of his payment or his entire LTD value, and I should get the LTD valuated. How do i do that? Who do i contact? I have no information about his plan ? and what should i value it at, current or future? He has already been collecting the LTD for six years now. Is this something that my ex has to do instead of me? are there costs involved?

2) Second question is that my ex collects LTD but does his employer still contribute towards CPP? He is collecting CPP disability . Is this separate from CPP? Im trying to ask is that are CPP and CPP disability two different payments?

3) Are CPP/CPP disability payments part of equlaization and how do i get that valuated? WE were married for ten years and he started working after we were married for the last seven years.

I have been told that for 7 years time that we were married he owes half of the CPP. There are two ways to do the valuation pro rata and income based. What is the best one for me and my sitiuation? and again how do i get it valuated? who do i contact? is this something my ex should be doing?

4) would i have to do this valuation for both CPP and CPP disability? also I was taking care of the children while we were married ...do i get more than half of the CPP?

Im sorry but this is really new for me and i had no clue that I could be entitled to his LTD or CPP. I have so many questions and any feedback wold be helpful.

thanks to everyone in advance
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Old 11-21-2013, 07:41 PM
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CPP Disability is different from CPP, but both have credit splitting.

You have osteoporosis. Are you collecting LTD?

Who has custody of the children? Is the other parent paying CS?

You are entitled to a portion of his CPP for the years that you were married, but I don't think either of you can collect until age 60?

Were you also receiving a benefit for the children? They may be eligible if they have a parent collecting CPP disability.

Last edited by paris; 11-21-2013 at 07:51 PM.
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Old 11-21-2013, 07:45 PM
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CPP is split 50:50 for the time you you can prove that you were married and/or living common law. You do not need your ex partner to consent or participate in this process. You can download the form from the web.

In terms of the other retirement savings, I cannot offer any advice as I am still trying to get that split as stated in my divorce order which was finalized almost a year ago now.
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Old 11-21-2013, 07:59 PM
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yes we both share children equally. He pays CS. No i am not on LTD. I did not work ever. I only survive on CS and child tax money.
What do you mean benefit for children? He received LTD and then after a few years his insranc asked him to apply for CPP and he then started to receive CPP that was deducted from his LTD payment. For example: he got 2000 for LTD . then he apply for CPP and his payment is 500. so now his LTD is 1500 and CPP is 500.

what did u have to do about LTD to be paid now rather than waiting till 60. He is already receiving t6he monthly payment so why cant i receive my share now?
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Old 11-21-2013, 08:04 PM
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Credit splitting is discussed on the Canada website and there's a link to the form to apply. If he's collecting both now, both should be able to split now. The benefit for the children is also discussed there. I posted the link at the bottom.

Equalization is for property. CPP is not part of that. If you apply for the pension splitting, CPP calculates it for you.

As for your last question, why would you think you should get more than half of his pension? You are entitled to exactly half I believe. You have shared custody. Are you sharing the child tax money?

Once the pensions and child tax money is split equally, then you will both have the exact same income. At that point neither of you is expected to pay child support. Because you share the children equally. Correct?

Divorced or separated - Canada Pension Plan - Service Canada

Last edited by paris; 11-21-2013 at 08:14 PM.
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Old 11-21-2013, 08:04 PM
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what about long term disability that he gets? do i get that split too
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Old 11-21-2013, 08:25 PM
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why is my post not showing?
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Old 11-21-2013, 08:28 PM
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i agreed that with CPP and CCTB half half income is same so no CS. what about LTD ? I have been told we eqalize the LTD and split LTD . is that true?
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Old 11-21-2013, 08:33 PM
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Quoted from here: Divorced or separated - Canada Pension Plan - Service Canada

Am I eligible to request a credit split?

Eligibility for Canada Pension Plan (CPP) credit splitting varies depending on when you divorced or separated, and whether you were married or living in a common-law relationship.
A credit split is not permitted:
  1. when the total Pensionable Earnings of the spouses, former spouses or former common-law partners, in a year, was not more than twice the Year’s Basic Exemption;
  2. for the period before one of the spouses, former spouses, or former common-law partners reached age 18 or after a spouse, former spouse or former common-law partner reached age 70;
  3. for the period when one of the spouses, former spouses, or former common-law partners was a beneficiary of a retirement pension under the CPP or Quebec Pension Plan (QPP);
  4. for the period when one of the spouses, former spouses, or former common-law partners was considered to be disabled for the purpose of the CPP or QPP Disability benefit
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Old 11-21-2013, 08:35 PM
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so does this mean i dont get the credit split at all? or i get it only for the years that he was not getting CPP disability and when he started to get it then there is no split?
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