Canada Family Law

Have a Canadian family law question? Ask a family lawyer.

Ask an Expert,
Get an Answer ASAP!

My husband and I were divorced in Ontario on February 4,

Customer Question
Hi My husband and I were...
Hi
My husband and I were divorced in Ontario on February 4, 2013. He was living with someone for approximately 8 months prior to that, roughly since June, 2012. He died on March 9, 2013. Could the relationship between he and his girlfriend legally be considered as Commonlaw Husband and Wife?
Submitted: 2 years ago.Category: Canada Family Law
Show More
Show Less
Ask Your Own Canada Family Law Question
Answered in 2 hours by:
2/21/2016
Family Lawyer: Legal Ease, Lawyer replied 2 years ago
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 106,099
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
Verified

I am sorry for your loss.

Is this about the survivor's pension or something else?

The definition of common law is different depending on what law is involved.

Ask Your Own Canada Family Law Question
Customer reply replied 2 years ago
Thank you.
It is about his work pension and anything else that the estate may be entitled to. He left the girlfriend as the trustee for the inheritance of our two sons. I am somewhat concerned that she has "stretched" the definition of common law. I know that he wanted me to have nothing. I can live with that, but I am wondering if our sons are entitled to anything else aside from their inheritance.Since we were still legally married until 4 weeks prior to his death, does their time together count as a legal common law relationship? How can anyone be a common law spouse while still legally married to someone else?
Family Lawyer: Legal Ease, Lawyer replied 2 years ago

It is possible to be in a common law relationship while still legally married.

Whether she is entitled to his work pension depends on what their definition of spouse is. It is not likely that she can be considered a common law spouse before one year. I personally have never heard of any pension or other benefit that is for a common law spouse to apply for a couple who are cohabiting for less than a year.

So you need to speak to the pension plan administrator and if necessary retain a lawyer to essentially threaten them with a lawsuit if they are planning on providing her and not the estate with the funds that are owing.

Ask Your Own Canada Family Law Question
Customer reply replied 2 years ago
If she were name the beneficiary to the pension would it make a difference or should the pension go to the estate? I am not sure if the pension plan administrator would reveal any information to me, especially since we were divorced a month before he died.
Family Lawyer: Legal Ease, Lawyer replied 2 years ago

If she is designated then the funds vest in her and not the estate.

They may not reveal specifics but should give you general information in terms of who is a spouse.

Ask Your Own Canada Family Law Question
Customer reply replied 2 years ago
Would the will reveal if she is the beneficiary to the pension benefits? I know that she certainly won't tell me.
Family Lawyer: Legal Ease, Lawyer replied 2 years ago

Not if she is the designated beneficiary. Then the pension does not vest in the estate and so the Will has nothing to do with it.

Ask Your Own Canada Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 106,099
106,099 Satisfied Customers
Experience: I am a practicing lawyer and have also been an online professional for 5 years.

Legal Ease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

78 satisfied customers

25 years in practice.

Legal Ease

Legal Ease

Lawyer

106,099 satisfied customers

I am a practicing lawyer and have also been an online professional for 5 years.

Jeremie John Martin

Jeremie John Martin

Lawyer

49 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Law Maven

Law Maven

Lawyer

20 satisfied customers

Lawyer & Instructor at Algonquin Careers Academy

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

262 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

< Previous | Next >

Related Canada Family Law Questions
If something happened to my commonlaw husband in Ontario,
if something happened to my commonlaw husband in Ontario, and we have nothing written, what happens to me… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,099 satisfied customers
In Ontario , my wife and I are considering divorce.We are both
In Ontario , my wife and I are considering divorce.We are both retired teachers collecting our teachers' pensions. How is the value of the survivor pensions arrived at in Ontario divorce? She is 11 ye… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,099 satisfied customers
What cases could defeat a retroactive downward change in child
what cases could defeat a retroactive downward change in child support in Ontario when the payor did not provide financial disclosure in 2008 to 2014 and support had been ordered in 2006 at 1300 month… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,099 satisfied customers
My husband has 2 minor children living in Ontario with their
My husband has 2 minor children living in Ontario with their mom. My husband moved to Alberta approximately 5 I/2 years ago where he met me. We will be married 4 years in October. We recently visited … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,099 satisfied customers
Hello , I would like to ask one thing about divorce. I m
Hello , I would like to ask one thing about divorce. I m a Manitoba resident. I got married in dec 2012 here. But my husband was a temporary resident. I lived together for 10 days then he left to Onta… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,099 satisfied customers
Hello, Ill try to ask my question quickly as I possibly
Hello, I'll try to ask my question quickly as I possibly can; here's a little bit of the history; my husband & I reconciled after a 8-10 mth separation; in early January 2013; I invested some money ba… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,099 satisfied customers
I have read that to be considered common law in Nova Scotia
I have read that to be considered 'common law' in Nova Scotia you must be together for two years 'continuously'. From the time my relationship reached the two year mark (2012) I lived in Ontario for w… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Contract worker in Canada w/ canadian common law boyfriend
im a contract worker here in canada and my visa wl expire this october 2014 and just submitted my application for renewal and work permit extension for the same employer. I have a canadian citizen boy… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,099 satisfied customers
FIRST, THE DETAILS: I put forth a NOM to see my kids on my
FIRST, THE DETAILS: I put forth a NOM to see my kids on my daughter's birthday this month. That is to be heard on this MONDAY. I just received a REPLY--UNFILED (the letter is dated today, the hearing … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,099 satisfied customers
For Debra Thai- Ontario, Canada Family Law Husband owes
For Debra Thai- Ontario, Canada Family Law Husband owes wife significant amount of arrears + net family property. The final court order was dated May 2013 with specific amounts (eventhough, the amount… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,099 satisfied customers
Is it misrepresentation of a lawyer, to not inform me that
Is it misrepresentation of a lawyer, to not inform me that my husband had counter petitioned for divorce, when my lawyer had been asked to file for divorce, yet filed for legal separation? My husband … read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Hi there, My ex and I both live in Ontario. Im applying
Hi there, My ex and I both live in Ontario. I'm applying for child support and a variance in access, 5 years after separating. I want to know the best route to take, and which exact forms to file - fo… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,099 satisfied customers
Is there a statue of limitations on equalization of net family
Is there a statue of limitations on equalization of net family property in Ontario? My husband is asking for this. As of January 4, 2013 we have been separated for 6 years. Our matrimonial home was so… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Is it extortion when a mother and son conspire to reinstate
Is it extortion when a mother and son conspire to reinstate child support payments under false pretenses?… read more
Tom B.
Tom B.
Barrister & Solicitor
LLB Bachelor of Laws
78 satisfied customers
I recently moved back to Ontario from Alberta approximatley
I recently moved back to Ontario from Alberta approximatley 3 weeks ago. I never married but lived common-law for approx 6 years. We have a son age 5 and a daughter age 2 together. Since May 2012, I h… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,099 satisfied customers
Living in a common law relationship for 1 yr and he went out
Living in a common law relationship for 1 yr and he went out and found another girlfriend. Still lives with me and goes to her place on weekends. Is that adultery?… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
I need to register officially my separation with my husband.
I need to register officially my separation with my husband. How much does it cost to pay a lawyer and how long it will take? After separation,am I eligible to get a support from my husband for me (we… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x