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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 11-28-2006, 05:43 PM
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Question bizzare situation

This is my situation. I was married to a man for fourteen years. We divorced.
We reconcilled four years after the divorce as a common law couple. Four years later we are separated once more. I would like to dissolve the relationship. My question is: Am I entitled to apply to received half of his military pension. I made no claim to it during our original divorce agreement.
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Old 11-28-2006, 05:59 PM
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Default welcome lauralin

Im not 100% positive and maybe LV can give some insight but you would not be entitled to the previous 14years but the last four years you would be. The previous 14 years were finalized by Final Divorce Decree (meaning no further claims can be made). That is my understanding of a final divorce decree anyways.........thought LV or Lindsay??
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Old 11-28-2006, 06:49 PM
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Thank you for responding to my question. I spoke with a lawyer before I separated and she said I would have to apply to obtain a portion of his pension. What I really want is the the home my father built which we purchased jointly. I am afraid he won't deal and I want to play hard ball. Money is his god. He doesn't care about the house. That was clear when we divorced. Really could use some good advice.
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Old 11-28-2006, 06:49 PM
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Thank you for responding to my question. I spoke with a lawyer before I separated and she said I would have to apply to obtain a portion of his pension. What I really want is the home my father built which we purchased jointly. I am afraid he won't deal and I want to play hard ball. Money is his god. He doesn't care about the house. That was clear when we divorced. Really could use some good advice.
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Old 11-29-2006, 12:06 AM
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lauralin,

as you mentioned,

Quote:
I was married to a man for fourteen years. We divorced.
We reconcilled four years after the divorce as a common law couple. Four years later we are separated once more. I would like to dissolve the relationship. My question is: Am I entitled to apply to received half of his military pension. I made no claim to it during our original divorce agreement.
The key word in your statement is "military". I am going out on a limb and assuming Canadain Military. That being so, and there was no agreements that dealt with the division of pension, I suspect you may have some claim for the previous marriage along with the second period of cohabitation.

see this site on Canadian Forces Pension Division.

http://www.admfincs.forces.gc.ca/pen..._e.asp?sel=key

and this Q and A

http://www.admfincs.forces.gc.ca/pen...asp?sel=key#Q1

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 common-law relationship for a minimum of one year and who have been living separate and apart for at least one year are eligible. Either 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 or
  • written spousal agreement which specifically provides for the division of the pension benefits.

I believe that answers the question. However if your spouse is not in agreement , you will have to bring forth an application with the courts.

What happens if the division is approved?

If the division is approved, a lump-sum representing the spousal share of the value of the benefits subject to division, will be transferred to either a locked-in retirement savings vehicle chosen by the member's / pensioner's spouse, or to a financial institution for the purchase of a life annuity. This lump-sum can never be greater than 50 per cent of the value of the benefits subject to division. The CF pension benefits will be reduced to reflect that division. The reduction of the pension is for life. The member or pensioner cannot "buy back" the portion of the pension that was paid out


Can I object to the division?

Yes. the CF member or pensioner will be notified of any application made to divide their benefits, after which they can file an objection with the Minister of National Defence within 90 days of the notice of application being sent out. Please note that the grounds for objection are very specific. They are:
  • The court order or spousal agreement has been changed or is no longer valid;
  • The terms of the court order or spousal agreement have been satisfied, or are being satisfied, by some other means; or
  • The court has been appealed or the terms of the spousal agreement are being challenged in court.

How do I obtain an estimate of the Pension Benefits Division value?

Estimates of Pension Benefits Division Values may be obtained from CF Pension Services by sending CF Pension Services the form: "Request for Estimate of Pension Division Value". You can download it from our Forms page or you can contact us and we'll mail you a copy.



lv
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Old 11-29-2006, 12:37 AM
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I also believe that perhaps you may be entiled to spousal support if you have need and the other party has means.

see the language of the Divorce Act section 15

COROLLARY RELIEF

Interpretation

Definition of “spouse”
15. In sections 15.1 to 16, “spouse” has the meaning assigned by subsection 2(1), and includes a former spouse.
R.S., 1985, c. 3 (2nd Supp.), s. 15; 1997, c. 1, s. 2.

http://laws.justice.gc.ca/en/D-3.4/235064.html

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Old 11-29-2006, 02:18 PM
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Thank you so much for your response. It is very insightful and confirms what I had researched before.
Thanks again LV
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