u/Basic-Hawk5609

▲ 3 r/canadianlaw+1 crossposts

Common-law separation (Quebec) - Federal pension division

I recently separated from my common-law spouse. We lived in Quebec for our entire relationship, and the separation was amicable. She has since moved to Ontario.

We don’t have joint property and we don’t have children. We didn’t sign a separation agreement because we thought it was straightforward. However, I’m a federal employee, and I’m trying to understand whether my federal pension could be divided.

Could my ex common-law spouse apply to have a portion of my pension divided? I’m not sure whether I’m right that common-law separation in Quebec means she can’t make a claim, but colleagues gave me mixed answers.

Is there any scenario where she could go to court to seek division of my pension? Would it be advisable to consult a lawyer, and would getting a written agreement (including a waiver of present and future claims to my pension) be worthwhile even if she has verbally said she doesn’t intend to pursue anything?

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u/Basic-Hawk5609 — 3 days ago