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CPP, RRSP, benefits and inheritance

Anonymous Asked:

If I file a separation agreement, can we have a clause added that allows me to still claim his CPP, RRSP, benefits and inheritance that he may come into. Neither of us are interested in divorce or getting remarried. I just want to know that I will still be considered as a beneficiary.

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6 years ago

Your question requires multiple answers.

In terms of the CPP question you can claim the division regardless of whether the agreement allows you to do so.

Regarding the RSP question this has to do with the equalization of net family property. The parties are free to contract as they wish in terms of the property division, and if they cannot come to an agreement then the Court will equalize the property pursuant to the statute.

In terms of the benefits question this has to do more with what is possible through the insurance plan or company plan that provides the benefits. There is normally a provision that benefits end at some point after the parties separate so this really depends on the exact wording. They almost certainly end upon a divorce.

In terms of the inheritance question it is certainly possible that the separation agreement delineates what will occur when an inheritance is obtained, although you must recognize that once parties legally separate any inheritance received by one of the parties is no longer property that gets equalized as described above.

These are complicated issues and, if you wish, I have no difficulty explaining them to you in more detail if you telephone me for a free consultation at 866-557-3222.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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