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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Pension share law after seperated, Am was in a common law

Customer Question

Doug ,pension share for common law after seperated
JA: Thanks. Can you give me any more details about your issue?
Customer: Am was in a common law relationship for 18 years we are now separated, a binding JDR gave me half her pension ,but her pension company say I am not entitled
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Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.

Thanks for requesting me.

What province is this please?

Customer: replied 9 months ago.
Alberta
Expert:  Legal Ease replied 9 months ago.

In Alberta an order pursuant to a JDR is an order by the Court and is fully binding.

If your former spouse will not do what is necessary to sign off so you get half the pension in accordance with the order you will need to return to court.

The JDR order is binding on your former spouse but is not an order against the Pension Plan which is what you may need to get if your former spouse will not co-operate.

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