common law and OMERS

[sugarsgirl]

Hi,
I'm new to the forum, today and have a question about common law and the OMERS pension.
My spouse actually lived together for 12 years and are going through a separation at the moment. Our house we owned together has just been sold and now we have a court date to discuss issues such as spousal support, splitting property, etc.
My question is "am I entitled to a portion of his OMERS pension that he accumulated during the time we lived together?" My lawyer is not versed on OMERS and I would like to get as much information on it as possible.
Does anyone know of any court decisions on this?
Just to add, ex has not been co-operative with anything so far and he was the one who wanted this separation!
Thanks

[dadtotheend]

You are entitled to one-half the growth in this pension benefits during the 12 years you were together.

[sugarsgirl]

Is there any paperwork or forms that are needed for this to happen? Does my spouse have to apply for this and do you know how it is paid out?
Thanks

[dadtotheend]

It could be done by way of a lump sum that forms part of the equalization payment, or the pension adminsitrator may be able to transfer a portion of the value to your RRSP, or similar pension. For the latter you will have to check with OMERS.

[sugarsgirl]

Hi,
I have just another question. Does my spouse have to ask omers for paperwork to get this started?
Does omers pay out the final amount or his employer?
Sorry, don't know much about this, this was a very unexpected event in my life.

[dadtotheend]

Spouse would have to iniitiate the transfer as it's his money.

OMERS is the pension administrator and would pay the amount, not the employer, if OMERS pensions provide for such a transfer. Get him to find out. OMERS is a huge pension plan. I'm surprised your lawyer doesn't know more about this.

[sugarsgirl]

My lawyer seems to be "stuck" on the word marriage. There is another lawyer in the office whom he is going to talk to about this. He seems not to have much experience with dealing with pensions. He did call OMERS, but seemed to get a different explanation than I did. My ex as of Dec.08, has 22 years vested in this plan.
May I ask, are you a lawyer, yourself? Not to be noisy, just curious how you are so knowledgeable on the subject.
I just would like to get as much information on this, so I can educate myself and be able to talk to my lawyer about it.

[dadtotheend]

I work in finance and am pretty literate on those matters.

I spent a year and a half in the system and two years on this forum. After all the money we blew in legal fees, I better know something

[sugarsgirl]

Many thanks for your response, it's really great to be able to talk to and get information on subjects I really don't know much about. But, I'm sure I will by the time this is over!

[sugarsgirl]

Hi,
My soon to be ex's mood has changed again and he is refusing to even get the pension estimate for the time we have lived together from OMERS. If this continues, will I have to take him to court?
Now everyone I talk to who has had dealings like this, with a pension tells me I am entitled to half and not to let him bully me around. I was told by OMERS that he has to request the pension estimate, by downloading form 190 and faxing it back. They will have the information back to him within 3 days. I think he is going to be difficult over this.
But, who knows, his mood may change tomorrow! This has become a pattern for him for the last 7 months. Too bad I can't go after him for emotional abuse! I just want this done, so I can move on with my life.