Common-Law Wives' Pension Claims: What Are Your Rights?

Whether a common-law wife can claim her partner's pension depends on a number of factors. In Canada, common-law partners are generally only entitled to what they brought into the relationship or acquired during it. However, they may be able to make a claim to property if they have contributed to it. There are two categories of pensions for family law purposes: CPP and everything else. A common-law spouse is entitled to claim a division of CPP pension credits that accumulated during the relationship, provided they have cohabited for at least a year. For all other pensions, the traditional rules of family property apply, and common-law spouses do not have an automatic right to them. However, if they can demonstrate that they contributed to the growth of their partner's pension, they may be entitled to a portion of it.

Common-law spouses are entitled to claim a division of CPP pension credits that accumulated during the relationship

In Canada, a common-law spouse is entitled to claim a division of CPP pension credits that accumulated during the relationship, provided that they have cohabited for at least a year. This is one of two categories of pensions for family law purposes, the other being all other pensions, which are subject to the traditional rules of family property. Common-law spouses do not have an automatic right to these other pensions, but if you can demonstrate that you contributed to the growth of your spouse's union pension, you may be entitled to a portion of it.

For unmarried couples, claiming a share of the family home which is held in one of the occupant's names does not automatically apply. The house would be solely owned by the individual whose name is on the legal deeds. However, if you can demonstrate that you contributed to the property, you may be able to make a claim. This can vary widely depending on each couple's unique circumstances.

A survivor benefit is payable to a spouse or common-law partner with whom you have lived in a relationship of a conjugal nature for at least one year, as long as that relationship began prior to your retirement from the public service.

Common-law partners do not have an automatic right to other pensions

In Canada, common-law partners are typically only entitled to what they brought into the relationship or acquired during it. This means that common-law partners do not have an automatic right to other pensions. However, there are two categories of pensions for family law purposes: CPP and everything else. A common-law spouse is entitled to claim a division of CPP pension credits that accumulated during the relationship, provided that they have cohabited for at least a year.

For all other pensions, the traditional rules of family property apply, and common-law spouses do not have an automatic right to them. However, if you can demonstrate that you contributed to the growth of your partner's pension, you may be entitled to a portion of it. This can vary widely depending on each couple's unique circumstances.

Additionally, a survivor benefit is payable to a common-law partner with whom you have lived in a relationship of a conjugal nature for at least one year, as long as that relationship began before your retirement from the public service.

Common-law partners can claim a share of the family home if they can demonstrate they contributed to it

In Canada, common-law partners are typically only entitled to what they brought into the relationship or acquired during it. However, they may be able to make a claim to property if they can demonstrate that they contributed to it. This can vary depending on each couple's unique circumstances.

For pension property, there are two categories: CPP and everything else. A common-law spouse is entitled to claim a division of CPP pension credits that accumulated during the relationship, provided that they have cohabited for at least a year. For all other pensions, the traditional rules of family property apply, and common-law spouses do not have an automatic right to them. However, if you can demonstrate that you contributed to the growth of your partner's pension, you may be entitled to a portion of it.

Additionally, a survivor benefit is payable to a common-law partner with whom you have lived in a relationship of a conjugal nature for at least one year, as long as the relationship began before your retirement from the public service.

It is important to note that claiming a share of the family home that is held in one of the occupant's names does not automatically apply to unmarried couples. As a starting point, the house would be solely owned by the individual whose name is on the legal deeds. However, if you can demonstrate that you contributed to the property, you may be able to make a claim.

Common-law partners can claim survivor benefits if they have lived together for at least a year

In Canada, common-law partners can claim survivor benefits if they have lived together for at least a year. This is also the case for CPP pension credits that accumulated during the relationship. However, for all other pensions, the traditional rules of family property apply, and common-law spouses do not have an automatic right to them.

Common-law partners are only entitled to everything they personally own or acquired during the relationship. They may be able to make a claim to property if they have contributed to it, but this varies depending on each couple's unique circumstances.

In Ontario, the provisions in the Family Law Act (FLA) that govern the division of property only apply to married couples, not common-law couples.

Common-law partners can claim an amount on their tax return if they were living together on 31 December 2021

In Canada, common-law partners are only entitled to everything they personally own or acquire during the relationship. However, there are certain circumstances in which a common-law partner can claim a share of their spouse's pension.

For CPP pensions, a common-law spouse is entitled to claim a division of CPP pension credits that accumulated during the relationship, provided that they have cohabited for at least a year. For all other pensions, the traditional rules of family property apply, and common-law spouses do not have an automatic right to them. However, if you can demonstrate that you contributed to the growth of your spouse's pension, you may be entitled to a portion of it.

If you were reconciled with your common-law partner and living together on 31 December 2021, you can claim an amount on your tax return. Only one spouse or common-law partner can claim this amount for each other for the same year.

In addition, a survivor benefit is payable to a common-law partner with whom you have lived in a relationship of a conjugal nature for at least one year, as long as that relationship began prior to your retirement from the public service.

Frequently asked questions