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Law.Hut
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Category: Canada Law
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I have received an answer that as a separated spouse I can

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I have received an answer that as a separated spouse I can apply for CPP after the death of my husband and there was no common-in-law spouse. We are in our 70s.
Even though we signed a separation agreement that we wouldn't apply for each other pensions I have never received a waiver my my husband's private pension. Can I still apply?

Law.Hut : Yes, you can. A waiver that you will not apply for a division of private pension plans does not effect the credit splitting under the CPP. That is allowed by statute and no waiver is effective unless it specifically refers to the CPP.
Customer:

We never split our CPP and I am receiving my own.

Customer:

My concern is can I apply to the Private Pension for Litton Systems as my husband's brother has POA and I did sign the separation agreement not to but no one ever gave me a paper to to waive this as my private pension Omers never asked my husband to as well./ Maybe I amm not being clear here. I am referring now to the private pension and not CPP

Customer:

I haven't received an answer yet.

Law.Hut : I can't answer this with any certainty, as it will depend on the language of the separation agreement and whether you are precluded from the application. But if you have signed an agreement stating that you would not be entitled to a division of his pension, then that can be binding and enforceable even if you have not received conformation of a waiver from the pension plan itself.
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