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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101375
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I have been divorced years but never received any part of my

Customer Question

I have been divorced for 20 years but never received any part of my exhusbands retirement pension - we were married 25 years - he was a successful stock broker.When we separated I did not received any communal money as he had sold our marital home and either liquidated or hid our stock portfolio.I raised our five children ( minimal child support was paid) and they are now grown and doing very well!I went back to teaching after the divorce and retired six years ago. He retired five years ago.
I find myself in a stressful financial situation ( total monthly income is $2100 before taxes).Recently I was told that I should have received a portion of my ex- husbands retirement pension.Is this true? Is it to late to apply?I am 65 and work at two part time jobs to make ends meet.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  TexasAtty replied 1 year ago.

Is this retierment in Canada or the US?

Customer: replied 1 year ago.
in canada
Expert:  TexasAtty replied 1 year ago.

I will opt out and send this to the Canada Law section. It was in US Law.

Expert:  Legal Ease replied 1 year ago.

What privince are you in please?

Customer: replied 1 year ago.
I am in Ontario
Customer: replied 1 year ago.
thank you - it is important that I receive an answer as soon as possible
Customer: replied 1 year ago.
should I log out or wait for the answer
Expert:  Legal Ease replied 1 year ago.

It is too late to get your former spouse's private pension. You had to make a claim to any interest in assets in his name within six years of the separation or within two years of the divorce, which ever came first.

But you can apply for a credit split with CPP and you will share in the credits he received during the course of your marriage and he will share in yours.

You do this on your own, and do not need his consent.

CPP will send him a letter giving him time to protest and if he does not then you will get the credit split.

Does that help as a starting point?