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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100468
Experience:  Lawyer
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I'm in Canada - I was married to my husband years and we

Customer Question

I'm in Canada - I was married to my husband for 9 years and we were together for 10 years. He had a private pension and in the divorce settlement it stipulated he and ex wife would share proceeds 1/3 for her 2/3rds for him. I found a letter in his filing after he passed this year, February - that at his death she gets the full 100% and vice versa. Although he mentioned this to me before he passed, (complications with cancer threw us both into turmoil) we did not get to change the beneficiary to me. His ex wife is getting 100% of his private pension. Is there any way I can get this changed as we were legally married. I did contact the company but they simply stated they had no record of me.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry for your loss.

What province is this please?

Customer: replied 1 year ago.
I'm in BC
Expert:  Debra replied 1 year ago.

In BC you are entitled to share in the pension that was acquired during your marriage.

For this reason your next step should be to consult with a local lawyer who can assert your claim to the pension administrator at once.

You should not delay in doing this because you don't want the pension to be given out. In fact, if you are not able to see a lawyer at once you should put the pension administrator on notice that you will be making a claim and that way they will hold the funds for now.

Customer: replied 1 year ago.
Thank you for your quick response on this. I will find a lawyer to pursue this immediately. I do not wish to pay any more funds on this. Thank you for your excellent advice.
Customer: replied 1 year ago.
by the way, this pension was not acquired "during our marriage" it was acquired prior to my marriage with my husband.
Expert:  Debra replied 1 year ago.

So long as it increased in value during the course of your marriage you'll be entitled to it portion of it.

Customer: replied 1 year ago.
Actually no, it was already being paid out as a Pension. My husband was receiving benefits from that Pension and was sharing as I said 1/3 for his ex and 2/3rds for himself, in that pension.
Expert:  Debra replied 1 year ago.

That is unfortunate. I had thought that he had acquired some of that pension during your relationship.

I still think you should consult with a lawyer Face to face because as a legal wife you still may be able to make a claim.

Customer: replied 1 year ago.
Thank you very much that makes a lot of sense.
Expert:  Debra replied 1 year ago.

You are very welcome. I hope it works out.

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