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  • CPP split retroactive

    My spouse and I split over 10 years ago. She got house/cash, I got pension/cash. No children. Now, I've been contacted that she has applied to split my cpp pension. I understand that she is legally entitled to it, but based on our separation agreement she agreed not to go after pension(s). Would this be a violation of our agreement, enforceable by court? Suggestions?

  • #2
    Originally posted by quin View Post
    My spouse and I split over 10 years ago. She got house/cash, I got pension/cash. No children. Now, I've been contacted that she has applied to split my cpp pension. I understand that she is legally entitled to it, but based on our separation agreement she agreed not to go after pension(s). Would this be a violation of our agreement, enforceable by court? Suggestions?
    I think that it is considered separate from a work pension so she is not in volation of the agreement. Tax law is different from family law.

    Use the search feature on this site as I think this was covered somewhere.

    I know in my separation agreement it says that either one of us can apply for it.

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    • #3
      My understanding is that CCP can be split at anytime regardless of court order. The party initiating the spilt does not need to inform the other. It is a just a simple form to fill out.

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      • #4
        I've looked through the cpp topics but this is a little different. Most cpp credits splits are done before the separation agreement is signed. Legally she can come after cpp pension credits anytime. That part I understand and agree with. But the separation agreement details which assets will be split, and you sign the documents. Now to come after cpp is a legal right, but a violation of the agreement you signed.

        Compare to this: I sign an agreement to take pension but no money. We have a joint bank account with $100. Legally I can withdraw the amounts. So if I take my pension, and withdraw the $100 I am legally correct, however I've violated my separation agreement.

        Comments?

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        • #5
          CPP credits are not included in net worth calculations for the division of assets upon marriage breakdown.

          It is separate and is not covered by family law or family law court orders or agreements (please correct me if I am wrong).

          Consent is not required. If it's applied for after 5 years, the other party is notified and asked to complete documents to verify the information.
          Last edited by OhMy; 03-22-2014, 10:45 AM.

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          • #6
            http://www.servicecanada.gc.ca/eform...13-07-31)e.pdf

            Refer to section E.

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            • #7
              Originally posted by quin View Post
              I've looked through the cpp topics but this is a little different. Most cpp credits splits are done before the separation agreement is signed. Legally she can come after cpp pension credits anytime. That part I understand and agree with. But the separation agreement details which assets will be split, and you sign the documents. Now to come after cpp is a legal right, but a violation of the agreement you signed.

              Compare to this: I sign an agreement to take pension but no money. We have a joint bank account with $100. Legally I can withdraw the amounts. So if I take my pension, and withdraw the $100 I am legally correct, however I've violated my separation agreement.

              Comments?
              are you sure about that?? I know its not the case with me.

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              • #8
                Originally posted by OhMy View Post
                CPP credits are not included in net worth calculations for the division of assets upon marriage breakdown.

                It is separate and is not covered by family law or family law court orders or agreements (please correct me if I am wrong).

                Consent is not required. If it's applied for after 5 years, the other party is notified and asked to complete documents to verify the information.
                is that five years after separation or 5 years after actual divorce?

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                • #9
                  I can answer that question. I've been separated and divorced for 10 years. It could be 30 years, you still have a legal right to cpp split at any time. But you might have to be a little pissed off still to go after cpp subsequent to everything being split.

                  Comment


                  • #10
                    Originally posted by quin View Post
                    I can answer that question. I've been separated and divorced for 10 years. It could be 30 years, you still have a legal right to cpp split at any time. But you might have to be a little pissed off still to go after cpp subsequent to everything being split.

                    Not necessarily. One may not have known and as one ages and looks towards retirement, possibly becomes aware if it and then initiates the process.
                    It's very possible it had nothing to do with being pissed off.

                    Originally posted by standing on the sidelines View Post
                    is that five years after separation or 5 years after actual divorce?
                    I will have to verify it to be sure, but I think it's after divorce is final.
                    Last edited by OhMy; 03-22-2014, 12:10 PM.

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                    • #11
                      To my knowledge my ex was never notified when I applied for a CCP split approximately 10 yrs post separation, almost 1yr post divorce.

                      CPP was the easy part for me because it did not require any participation from my ex. Over a year post divorce I am still trying to get the employment pension split as outlined in the divorce order.

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