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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100919
Experience:  Lawyer
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Can my ex-common law spouse claim half of my pension

Resolved Question:

Separated 5 years ago. She was gainfully employed throughout the relationship. No children. No separation agreement. She only now wants to claim half of my workplace pension.
Submitted: 6 years ago.
Category: Canada Law
Expert:  Debra replied 6 years ago.
What province is this please and how long were you married for?
Customer: replied 6 years ago.
In a common law relationship for
10 years in the Yukon
Expert:  Debra replied 6 years ago.
Is she asking for support or for an actual lump sum equal to half your pension?

Have you been served with legal documents?

Does she have a lawyer?
Customer: replied 6 years ago.
She is asking for a lump sum. I have not yet been served, though she does have a lawyer.
Expert:  Debra replied 6 years ago.
I don't get it.

Firstly common law spouses do not have property rights in the Yukon.

Secondly, even if you were married she would not get half of the value of the pension but only have of the value of the increase in value of the pension over the course of the marriage.

She may be entitled to some spousal support if your income was higher than hers but she is not entitled to any of your assets unless she contributed to their value.

I don't think you should be paying a lawyer a retainer until you've had a consultation first.

I hope that helps.
Customer: replied 6 years ago.
Thank you. I know it is a little "head shake" worthy, and it came out of the blue after several years have past since the separation. I appreciate the time you took, and mostly wanted a straight answer concerning her entitlement before paying a retainer, which is what two family law representatives had asked for without offering a consultation session.
Expert:  Debra replied 6 years ago.

Most lawyers will charge for a consultation but will not demand a retainer first.

But you can also use the Yukon lawyer referral service and get a half hour consultation for $30!

Here is the link to the information you will need about the service:
Debra and other Canada Law Specialists are ready to help you