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  • Survivor benefit

    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.

  • #2
    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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    • #3
      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.

      Comment


      • #4
        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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        • #5
          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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          • #6
            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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            • #7
              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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              • #8
                I was under the impression you had to declare your marital status on taxes?

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                • #9
                  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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                  • #10
                    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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                    • #11
                      More info on this is that the spouse benefit is only for the spouse. So my take if I get anything for this I may just return the money to her daughter which I raised like my own child. For the rest of her family I do not think I want to talk to them as I received only threat from them.
                      Last edited by Max22258; 02-03-2011, 10:31 PM.

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                      • #12
                        I realize now that you are not talking about the CPP death benefit, but the survivor benefit.

                        But still, do you really think that you are entitled to this?

                        Why did the Judge include in his order that you were to be considered "spouses" until October of 2011?

                        Since you never recognized your "married" status before, why do you think you should get any benefit from it now?

                        Can't have it both ways.

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                        • #13
                          well this benefit is for spouses, and also for common law, since we were so many years together we were recognize common law. When you look at the form itself it says common law. Why did the judge put that in his order was because she was entitled to benefit from my life insurance in case of my death until Oct 2011. I believe he inserted that to show that she could benefit if I died, well it goes both way. Well actually i Doubt that I would be even considered by the government agency but if I was then all common law and separated people would be entitled to a certain amount. This has the potential of being good to the spouses that separate and in case of anyone's death. See I believe that as long you pay support or received it then if one's died you are not left in the cold if you have not gain another relationship at the time.

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                          • #14
                            Did the judge also see your income tax where you filed as single and didn't acknowledge your common law status?

                            It's interesting to see how things change depending on what the benefit is to you.

                            Comment


                            • #15
                              The income tax is irrelevant, as most people can claim single even in a common law relationship. The fact that 2 people where claiming that they were in a common law for 10 year is enough. The income tax form is only use for divulgation of the revenue 99 pourcent of the time not to determine common law..

                              Comment

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