Pension entitlement

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ladyowl43

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Hi there, is stbx entitled to company pension if the relationship was a common law relationship. I have been told yes and no. Any experience out there. Its a provincial pension. Thanks for your advice and thoughts.
 
ladyowl43 said:
Hi there, is stbx entitled to company pension if the relationship was a common law relationship. I have been told yes and no. Any experience out there. Its a provincial pension. Thanks for your advice and thoughts.
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Probably what you were not hoping to hear, but the people that told you YES were right it will seem

What is "credit splitting"?

The Canada Pension Plan recognizes that in a legal marriage or common-law relationship, both spouses or common-law partners share in the building of their assets and entitlements. Among these are Canada Pension Plan pension credits.
When a relationship ends, the Canada Pension Plan pension credits which the couple built up during the time they lived together can be divided equally between them. This division is called "credit splitting".
Credits can be split even if one spouse or common-law partner did not pay into the Canada Pension Plan.
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Source: Canada Pension Plan (CPP) - Credit Splitting Upon Divorce or Separation - Service Canada
 
I am not 100% certain but I believe there is a difference depending upon what Province you live in. I know there is a difference with matrimonial property laws in some provinces. Check CanLII in your province to look up case law.
 
Pension

Pension

I was common law and did not have to split my pension. There is a form that my ex signed to give up any future right to my pension and that I forwarded to the pension plan. It depends on your province. In Ontario, the pension does not have to be shared as there is no automatic equalization in common law relationships. However, this could change and Ontario could follow the lead of other provinces. Therefore the lawyer paid extra attention to make sure my pension is protected.
 
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