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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 02-02-2011, 07:48 PM
Max22258 Max22258 is offline
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I had come across a sentence that the judge made in the separation agreement in October 2010. It says that my ex was to be consider as a spouse until October 2010. This sentence coupled with her committing suicide (a sad choice) made me curious about the survicor benefit from the government. So I talk to a few lawyer here and there and applied. I am not sure what the outcome will be and curious as if the judge decision in making that statement in the separation agreement will actually result in a benefit being paid. I will let you guys know. Of course if this affect any of her relative I will recant on that benefit.
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Old 02-02-2011, 07:55 PM
Max22258 Max22258 is offline
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Oh yeah forgot to mention, my ex died on the 18 December, well I have sent a registered letter to the FRO as well as my lawyer sent them all the information they needed. Guess what they came back and it looks like they never read our letter saying I was late for payment to my ex. Wonder how they work that out if they work at all.
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Old 02-02-2011, 11:06 PM
representingself representingself is offline
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If you were no longer married, or considered legally "spouses" then I imagine that you would not be entitled to the benefit..

I don't believe you should be applying for it either... morally speaking.

Any benefit should go to her family.
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Old 02-03-2011, 04:49 AM
Max22258 Max22258 is offline
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No we were not together anymore, but the judge wrote in the separation agreement that we were to be considered spouse until Oct 2010. Yes I know about the moral stuff. But you know she made up a story about me raping her 3 days before she was to move out of my house because she did not have any place to go. She could have simply ask me to stay longer. . I was arrested and put to jail without question, When it got to the preliminary every things was dropped as it did not make sense and it took me 3 months to recover my house. She had empty it of all furniture. She never returned any of it even with a judge order. So morally I do not really care about her family!!!
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Old 02-03-2011, 11:28 AM
KeepSmiling KeepSmiling is offline
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And you think that $2,500 is due to you because she was mean to you?

No, you are NOT entitled to the CPP death benefit - legally or morally.

You state that the judge wrote that you were spouses until October 2010 and yet she passed away in December of 2010. Says to me - you are no longer spouses when she died.

Did you pay for the funeral perhaps? Then ..... maybe ..... you might have a "moral" leg to stand on ..... but I'm not thinking that you did - am I wrong?

Just out of curiosity though - how did you file your tax return for 2009? did you indicate "single" or "married" - CRA may have a look at that and wonder why a single person is applying for someone else's death benefit.

Oh - and - were you named as her beneficiary in her will? The CPP death benefit goes to her beneficiaries or to her Estate.
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Old 02-03-2011, 11:46 AM
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Quote:
Originally Posted by Max22258 View Post
But you know she made up a story about me raping her 3 days before she was to move out of my house because she did not have any place to go. She could have simply ask me to stay longer. . I was arrested and put to jail without question, When it got to the preliminary every things was dropped as it did not make sense and it took me 3 months to recover my house. She had empty it of all furniture. She never returned any of it even with a judge order. So morally I do not really care about her family!!!
And now she is dead...

Get over yourself.

It is over.
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Old 02-03-2011, 05:57 PM
Max22258 Max22258 is offline
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sorry about the date it is 2011 that she is to be considered as a spouse, Like I said I was curious about this. And yes I know it is over it has been since we separated. And actually no I have not thought about filing with her on my income tax and never did the whole time we were together. If the benefit affect her children I will simply withdraw my demand. Geeze read the whole thing not just half of it. But according to lawyers that I spoke to it should not affect the children, this is for spouse only!!! I am not saying if she had life insurance and who the beneficiary was as this is not relevant.
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Old 02-03-2011, 07:09 PM
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I was under the impression you had to declare your marital status on taxes?
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Old 02-03-2011, 09:11 PM
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Quote:
Originally Posted by blinkandimgone View Post
I was under the impression you had to declare your marital status on taxes?
You are correct blink ... people get this part confused all the time. Because you each send in your own taxes they feel they are filing "alone" but in reality, if your legally married or legally "common-law" they in essesence you are filing jointly since a tax return asks for your marital status and if married or common-law then your spouse/partner's income from Line 150 of their return
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Old 02-03-2011, 09:22 PM
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Actually it is the net income reported at line 236 that is joined to the other spouse, not total income at line 150.

And unlike in the US where the option of "married filing jointly" exists we do separate returns in Canada. In a married filing jointly situation the combined incomes of the spouses are reported on one tax return.

I prefer to think of the Canadian model as one where the spouses returns are linked as opposed to the joint filing option used in the US.
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