Am I entitled to my partner's pension?

Persons who are not legally married are not entitled to an automatic “equalization of net family property.” Thus, there is no automatic right to have your partner “share” his/her pension by having it included in the automatic equalization of net family property calculations. However, certain common law claims can be advanced, if appropriate based on the facts of your case. As well, the pension could also be taken into account as an income stream once it is being paid out, for spousal support purposes. A full analysis can be provided if you call me for a free consultation (866.557.3222) and provide me with fuller facts.

In terms of co-mingling, for common law couples this is a concept that describes the two of you mixing your assets together, such as in a bank account. This is relevant as, as noted above, common law couples do not have an automatic right to claim an equalization of net family property.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).