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    sbandit's Avatar
    sbandit Posts: 1, Reputation: 1
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    #1

    May 1, 2012, 02:00 PM
    Canadian statue of limitations on claiming money for divorce
    Is there a statue of limitations on claiming money from your pension plan if you have been separated for 12 years? I understand that there is a 6 year statue of limitations on this. Can you confirm?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 1, 2012, 02:59 PM
    Not sure about Canada, but in the US when you are vested in retirement benefits you can claim them at any time.
    Chardel's Avatar
    Chardel Posts: 93, Reputation: 13
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    #3

    May 1, 2012, 04:29 PM
    I live in Canada and I was told that if I wanted to claim for spousal support or claim any part of a retirement fund, etc. then I would have to do it within a three year period... That was about 12 years ago and things may have changed, you know the way the government is...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 1, 2012, 05:03 PM
    Sorry, I misread the question. When you divorce, negotiating a share of your spouse's pension is part of the divorce settlement. If the divorce is finalized that should be the end of it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    May 1, 2012, 05:18 PM
    Quote Originally Posted by sbandit View Post
    ... separated for 12 years ...
    You are separated but still married?

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