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-   -   Help -please settle an argument (https://www.ottawadivorce.com/forum/showthread.php?t=8393)

red6419 01-21-2011 10:16 PM

Help -please settle an argument
 
My boyfriend and I disagree about this...

#1 In a common-law relationship neither party is entitled by law to either parties pension (ie company pension) that the party contributed to during the time they were together (for this example use 11 years, with children) with their own money.

#2 In a common law relationship a person would not be entitled to spousal support if a) they were educated during the course of the relationship (i.e. got a university education while being supported by the other party) and their incomes were (for the sake of argument) party A $40K (after university) and party B $70K.

Assume custody is shared 50/50.

Agree or disagree? if you have facts please feel free to provide links.

Thank you!

wretchedotis 01-22-2011 10:49 AM

Nor sure about pension, but after 3 years of common law - either party may seek SS in order to maintain their accustomed lifestyle.

BitHunter 01-22-2011 11:34 AM

1. no pension sharing in common law
2. The entitlement for spousal support is sometimes "compensatory", (when the party who asks from spousal support gave up a lot during the relationship, it seems this is not the case here) sometimes based on "needs and means", when one party after the separation has much less money than the other. the latter is almost automatic when the income difference is around/over 3x. Yours is less than 2x, so maybe a judge would find entitlement, it is far from automatic.
Calculate how much you would spend together on the lawyers fighting over this, and offer 1/3 of that money to the party which makes less money. Both of you saves a lot of money and the real winner will be your child.

logicalvelocity 01-22-2011 11:37 AM

Pension contributions during the time of the relationship are subject to the individual pension plan directives, under authority of it's Administrator and is available for division on Application. Not even, domestic contract, such as those listed at Part IV of the Family Law Act can provide otherwise.

On the SS, the theory appears to lack equity as provided under the common law and favors Parent B regardless if its a 50/50 shared custody.

Max22258 01-26-2011 09:18 PM

I went thru that and this is according to the judge in November of 2010, no pension is divisable under common law. Spousal support is required but only for about a 2 year period. My ex was seeking $2800, but the judge brought that back to $1350. I kept everything that was in my name ie both cars and the house. THe judge ordered her to return $8000 dollar in furniture that she took. THis was done as she did not want to settle amically and had to get a lawyer, but the devastating result was that she committed suicide afterward. She tried everything in the book, ie criminal charge etc, and I still loved her after all that.

Hopeless in Hope 02-10-2011 12:18 AM

I am going through right now. My ex common law spouse, of 14 years, and his lawyer are going after my pension. I am hoping that everyone is right and they can't tuch it. He did not contribut to it at any time during our relationship!!

red6419 02-10-2011 08:04 AM

so its seems there are two answers here - #1 being no way is pension divisible on the breakup of a common-law relationship and #2 being that if there is to be a division its under the rules of the pension.

I'm I right in understanding that its not automatic, that the rules of the pension plan come into play?

Max22258 02-10-2011 10:49 PM

Quote:

Originally Posted by wretchedotis (Post 58241)
Nor sure about pension, but after 3 years of common law - either party may seek SS in order to maintain their accustomed lifestyle.

In my case (2010) the judge only agree to spusal support for 2 years to get her back on her feet. She was supposed to take a course but never did and went back to live near her family and then committed suicide. Feel sorry for her after all was finished that she decided to do that. There was an attempt with a motion to seek some to support for the lifestyle but the judge threw that away. As far as pension my work pension was not to be touch but the Canada pension could be divided, she never applied.


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