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Date of Cohabitation vs. Marriage - Pension

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  • Date of Cohabitation vs. Marriage - Pension

    Hi All,

    In a nutshell:
    -Moved across the country in 2000 as bf began his career with the Canadian Forces.
    -Had a child in 2004.
    -Married in 2007.
    -Another child 2009.
    -Separated 2012.

    He built his career and I worked wherever I could find employment.
    I started working for the Department of National Defence in 2007 as a civie and starting contributing to my pension, however, went on relocation of spouse when he was posted and struggled to regain employment until 2011.

    Our battle is regarding his pension. I am requesting pension division from date of cohabitation and he is refusing, saying from date of marriage.

    In two years of battling he has failed to supply financial disclosure and it just came to my attention that I could apply for the information on pension division to get his pension info. I rec'd two figures, from DOC and DOM. The difference is $60,000 approx. I have a small pension as his was built for 12 years and mine was approx. 3 years in total - due to relo of spouse and maternity leave in 2009.

    I am claiming unjust enrichment.

    My lawyer asked if I wanted an actuary to analyze his pension and advised that the numbers could be higher or lower. I felt like I was being asked to take door number 1, 2 or 3.

    Is it worth getting an actuary or do I just go with the numbers given by PWGSC (public works)?

    TIA

  • #2
    I would love to find out as well. I was married for 14 years and common law for 5 years, which was signed by his superior after living together after one year so I can get on his benefits. I never had or have a pension plan in place, as I too was always looking for employment and getting what I could when we were posted. We never stayed in one place for much longer than 3 years. He refuses to acknowledge the co-habitation years, and I still don't know the value of the pension as he never submitted it.

    Comment


    • #3
      Who is the pension with? Last month I accidently found out that I could request an estimate of his pension eventhough he STILL hasnt provided financial disclosure. Can you contact the pension plan and see if they will provide that? As for split from date of cohabitation, I am claiming unjust enrichment as he will benefit from the wealth of his growing pension. Our cohabitation time was a joint venture in which every intention was to have kids, buy a house, get married etc. which we eventually did.

      Comment


      • #4
        He is with the military so yes I believe a spouse can request regardless if he provides permission.

        Comment


        • #5
          A spouse (married or common-law) can apply to find out what a government pension is worth, and have it split 50-50. As long as you cohabitated for at least a year, that whole year will count. The ex can't do anything about it. Government pensions are scary that way.

          You can even apply to do this years after a separation agreement has been signed. The only defense an ex has against it is if the separation agreement specifically states that you received other assets in lieu of the share of the pension.

          However, your share of the pension will be put into a locked in RRSP type fund so you can't access it until your retirement. If you want liquid cash now, you are better off arguing for not touching the pension and taking a greater share of the matrimonial home or something like that.

          Comment


          • #6
            You will have to split yours as well

            I believe it will be date of cohabitation, but a lawyer would better advise you to that.

            Comment


            • #7
              In order for me to claim half of his pension from date of cohabitation, it has to be agreed upon between myself and him OR it has to be court ordered. I can try and claim unjust enrichment, however, it can be a long and drawn out AND $$ court battle.

              So, in essence, l am entitled to is half his pension and him half of mine since date of marriage.

              Common-law status vs marriage is completely different as is federal and non-federal pensions.

              Common-law status does NOT provide entitlement to half of the pension for the seven years before we got married. Pension is seen as property and according to my lawyer, the Family Law Act will play precendence over equitable remedy.

              I think it is wrong and unfair, but my happiness matters more than money.

              Comment


              • #8
                Common law does not entitle you to half of pension.

                Comment


                • #9
                  It does for a federal pension. My pension advisor told me a horror story about a golddigger who would cohabitate with someone for a year, then break up with them, and apply to get the half of their pension for that year. Then find another mark and repeat the process.

                  But don't get your advice from strangers on the internet, or even your lawyer in this matter. Call up the pension administrator and find out what's what and what steps you can take. From the pension perspective, there doesn't even have to be a separation agreement in place. Half that pension is yours as far as they are concerned, and your ex doesn't have to agree with it.

                  Of course, going behind the ex's back like that would definitely be stepping up the conflict. You would have to examine your situation and decide if it's worth playing hardball here to lose the ability to negotiate other matters.

                  Comment


                  • #10
                    Originally posted by Rioe View Post
                    It does for a federal pension. My pension advisor told me a horror story about a golddigger who would cohabitate with someone for a year, then break up with them, and apply to get the half of their pension for that year. Then find another mark and repeat the process.
                    Holy cow. That's quite a trick. There's got to be an easier way to earn a living ...

                    Comment


                    • #11
                      Doesn't sound right to me (gold digger shacking up for a year to try claim 1/2 pension for the year). Moving costs would exceed the benefit derived from 6 mths worth of pension payments - or am I missing something here?

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                      • #12
                        Pension Benefits Standards Act, 1985

                        As per the website, an application for pension split has to be supported by a separation agreement or a court order. I just gave up my fight for pension division from 2000-2007,which were the dates we were common law and just went with split from date of marriage.

                        I would be interested in knowing where your information is from indicating that pension split is from DOC?

                        Comment


                        • #13
                          From the pension perspective, there doesn't even have to be a separation agreement in place. Half that pension is yours as far as they are concerned, and your ex doesn't have to agree with it.



                          This is false information

                          Pension Benefits Standards Act, 1985

                          Comment


                          • #14
                            Originally posted by arabian View Post
                            Doesn't sound right to me (gold digger shacking up for a year to try claim 1/2 pension for the year). Moving costs would exceed the benefit derived from 6 mths worth of pension payments - or am I missing something here?



                            I agree, although I do believe there are people who have motives, doing this every year would seem more costly than advantageous.

                            Comment


                            • #15
                              I did a little bit more research on Division of Pension Benefits due to a marriage breakdown for Canadian military pension and looks like it will be a long time before I see anything because my ex won't sign any separation agreement (we have done more that a few for him) and I don't know how to go about getting a court order since it costs me $350/hour for my lawyer. We are now at trial stage and my lawyer tells me I cannot afford to go to trial unless I do it on my own....

                              Who is eligible for a division of pension benefits?

                              Spouses who have divorced or who have been living separate and apart for at least one year, and spouses who have lived in a conjugal relationship for a minimum of one year and who have been living separate and apart for at least one year are eligible. The CF member, pensioner, their spouses or former spouses may apply for a division by making a formal application, which must be accompanied by either:
                              • a Court Order issued in Canada or;
                              • a written spousal agreement;

                              which must state that the member’s pension benefits under the Canadian Forces Superannuation Act (CFSA) are to be divided between the member and the spouse or former spouse;

                              Comment

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