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Can she get half of whats left of my pension after we split up?

Anonymous Asked:

I am wondering is my common law partner entitled to half my pension that I was receiving during our relationship after we separate?
Eg She has her business and an income, and I am retired and I have my income. Can she get half of whats left of my pension after we split up?

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A Family Lawyer
10 years ago

The issue of what common law partners are going to be entitled to is best left to determine after a more thorough and complete opportunity for fact gathering, and disclosure of income and property information. If both parties contributed equally during the relationship to the acquisition and maintenance and improvement of assets and property, and both parties supported each other emotionally and through other ways to their employment advancements and careers, then there may be potential trust claims to the assets and value of property accumulated. If however, you retired and then commenced your common law relationship, then there is a far less chance that the pension should be shared or divided. It really all depends on the entire circumstances of the relationship, which is beyond the scope of these Q and A.

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