Common-Law Spouses And Their Right To Pension Retirement

Common-law spouses are generally entitled to claim a division of pension credits that accumulated during the relationship, provided that they have cohabited for at least a year. However, for other pensions, common-law spouses do not have an automatic right to them. If you can demonstrate that you contributed to the growth of your partner's union pension, you may be entitled to a portion of it.

Common-law partners can receive survivor benefits

The Government of Canada Pension Centre recommends that you provide information about your marital status or common-law relationship as soon as possible after your marital status changes or you enter a relationship of a conjugal nature. This is so that, in the event of your death, the Pension Centre knows who your survivors are and can provide benefits to them more quickly.

If you get married after you retire, your surviving spouse would not usually receive a survivor benefit.

Common-law partners must be reported to the Government of Canada Pension Centre

In Canada, common-law partners must be reported to the Government of Canada Pension Centre. This is because the Pension Centre offers a survivor benefit for your common-law partner in the event of your death. The survivor benefit is usually equal to half of your basic pension. The Pension Centre recommends that you provide information about your common-law relationship as soon as possible after your marital status changes or you enter a relationship of a conjugal nature. This is so that, in the event of your death, the Pension Centre knows who your survivors are and can provide benefits to them more quickly.

To be eligible for a survivor benefit, your common-law partner must meet certain criteria. The relationship must have begun prior to your retirement from the public service, and you must have lived together in a relationship of a conjugal nature for at least one year. If you have both a legal spouse and an eligible common-law partner at the time of your death, the survivor benefit will be apportioned between them based on the length of your cohabitation.

Common-law partners must have lived together for at least one year

In Canada, a common-law partner can receive a survivor benefit from their spouse's pension plan. This is usually equal to half of the basic pension. To be eligible, the couple must have lived together in a relationship of a conjugal nature for at least one year prior to the pensioner's retirement from the public service.

The Government of Canada Pension Centre recommends that people provide information about their marital status or common-law relationship as soon as possible after their status changes or they enter a new relationship. This is so that, in the event of their death, the Pension Centre knows who their survivors are and can provide benefits to them more quickly.

If a person gets married after they retire, their new spouse would not usually receive a survivor benefit.

Common-law partners can receive benefits if the relationship began before retirement

The Government of Canada Pension Centre (Pension Centre) recommends that you provide information about your marital status or common-law relationship soon after your marital status changes or you enter a relationship of a conjugal nature. This is so that, in the event of your death, the Pension Centre knows who your survivors are and can provide benefits to them more quickly.

Common-law partners may not receive benefits if the relationship began after retirement

In Canada, you can share your Canada Pension Plan (CPP) retirement pension with your common-law partner. To do so, you must be receiving your pension, or be eligible to receive it, and be living with your common-law partner. According to CPP legislation, a common-law partner is a person of either sex who has lived with you in a conjugal relationship for at least one year.

If you are a low-income individual, aged 60 to 64, and are the common-law partner of someone who is receiving the GIS benefit, you may be eligible to receive the Allowance benefit. If you are a low-income individual aged 60 to 64 and your common-law partner has died, you may be eligible to receive the Allowance for the Survivor benefit.

Your pension plan offers a survivor benefit for your common-law partner. For instance, your common-law partner may be entitled to an immediate allowance in the event of your death, whether you are employed or retired at the time. The survivor benefit is usually equal to half of your basic pension. To claim this benefit, you must provide information about your common-law relationship to the Government of Canada Pension Centre (Pension Centre).

However, it is important to note that a survivor benefit is only payable to a common-law partner if the relationship began prior to your retirement from the public service. Therefore, common-law partners may not receive benefits if the relationship began after retirement.

Frequently asked questions