My ex common law partner and I met in basic training. we lived togeher for 3.5 years and decided to have a child and that point claimed common law with federal governement. In 2007 we decided to separate and I had to get a lawyer because he refused to pay support. we were both the same rank and the same time in. He had the option to a lawyer but didn't because the only issue was child support. I got promoted in July 08 to Sgt and we decided to get back together in April 09 and he stayed a Mcpl. In Jan 11 we split again. During our division of property we both had to get pension assessment done and he notice that my pension is $30,000.00 more than his. Which I find it hard to believe my pension in only 2.5 years as a sgt is worth that much more than a MCpl but anyway. Now he is asking his lawyer to reopen the case in 2007 and he wants equal amount in both of our pension. Can he reopen the case and do that?
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The date in April 2009 when you reconciled is the start of the "new" relationship .This lasted less than two years and then you separated permanently?That qualifies as a short term relationship for starters.What province may I ask?In short term relationships things don't work the same as 30yr marriages.He may WANT your pension-but unless you volunteer it he has very little chance in getting it.Just my two cents.(not a lawyer,nor do I pretend to be one)
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Originally posted by pierce.d View PostMy ex common law partner and I met in basic training. we lived togeher for 3.5 years and decided to have a child and that point claimed common law with federal governement. In 2007 we decided to separate and I had to get a lawyer because he refused to pay support. we were both the same rank and the same time in. He had the option to a lawyer but didn't because the only issue was child support. I got promoted in July 08 to Sgt and we decided to get back together in April 09 and he stayed a Mcpl. In Jan 11 we split again. During our division of property we both had to get pension assessment done and he notice that my pension is $30,000.00 more than his. Which I find it hard to believe my pension in only 2.5 years as a sgt is worth that much more than a MCpl but anyway. Now he is asking his lawyer to reopen the case in 2007 and he wants equal amount in both of our pension. Can he reopen the case and do that?
If you want to be reasonable and pay him off to avoid court, you could offer him half the increase in value of your pension between April 09 and Jan 11 less his increase. You would only need to divide the amount from the time where you were together, and your pension contributions were higher than his.
Hmm, that sounds confusing. Let's make it more mathy.
Up to April 09, you either had equal pensions, or you weren't together. Ignore that part. The amounts were equal or he has no entitlement.
From April 09 to Jan 11, your pension increased by X and his increased by Y (a lesser amount).
Take X-Y and divide by two. That would be the most he could argue to getting from you. You just have to figure out if it's a big enough amount to be worth the legal fees to argue over.
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military pension
Yes, On 21 April, 09 we claimed common law again and on 25 Jan, 11 I moved out of the family home and continued to pay the mortgage until Aug, 11($12,000.00) and our son(12 yrs old)in June 12 decided not to reside with his father...so I have been supporting him 100% and to make matters worst the first time 20 Feb, 07 when we broke up we made a large amount of money of the house. He decided to by a car and I bought a house in newfoundland in Sept 07. He sold his car and now want me to pay him money from what my house is worth in Nfld. He's just bitter!!!
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He is trying on convince the lawyers we were never broke up it was just a "cooling off" period.
In Ontario, "common law" couples may receive spousal support and, notwithstanding trust claims, nothing else. You may wish to look into how this compares to your province's regime.
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