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After Divorce Two Years Later

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  • After Divorce Two Years Later

    Hi All
    Was looking for some advice. After being divorced 2 years. Can I file an application to get half of a spouses pension? Or is it to late? Any advice would be appreciated.

    thank you

  • #2
    You can always try. The question really what is the likelihood you be successful in your motion? That can only be answered with more details.

    Did you need to go to court to settle the divorce or did you do it outside of court?

    Did you each provide full financial disclosure to each other?

    Did you sign an agreement setting out the financial arrangement and did you a) have legal advice or b) sign a waiver of independent legal advice?

    Was there some offsetting amount that you received to balance the ex retaining their pension (ie. you got more value out of the house or matrimonial assets or got to keep your pension etc.)?

    There are too many questions involved to answer the above with anything more than, yeah, you can file a motion. It doesn't mean you will be successful though.

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    • #3
      I believe there is a statute of limitations on some things of around 2 years so if you want to make trouble you'd best do it soon.

      Have to ask, why are you attacking your ex spouses pension years after divorce? Surely it was discussed as an asset during equalization at the time?

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      • #4
        is it a normal pension or CPP?

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        • #5
          Originally posted by FightingForFamily View Post
          Have to ask, why are you attacking your ex spouses pension years after divorce? Surely it was discussed as an asset during equalization at the time?
          Yeah, if you had a proper agreement with legal advice and everything, the pension should have been covered. If you are only learning now that it wasn't, you could try to take action under the justification that he omitted critical information.

          If it's CPP, the government will divide it pretty much no questions asked, but he might come back and ask that your CPP be divided as well.

          If he worked for the federal government and has a federal pension, all you have to do is apply to their pension administrator and ask that it be divided. He would only be able to defend against this if the separation agreement clearly indicated that you got other assets in the right amount instead. There's no time limit on this.

          If he worked elsewhere, you could contact their pension administrator and inquire about how their system works.

          So go back to your separation agreement and see what it says about the pension.

          Comment

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