[Crackers]

Hi there, I need help in an urgent matter.
I am in Ontario Canada.
My husband and I are still legally married. He has moved out and has lived with another woman for about 5 years. He and I have never filed for separation, but do file our taxes as "separated". He has no interest in divorcing me, and neither of us has interest in re-marring a different partner.
Here are some questions:
1. Would I still be considered his wife?
2.Are we officially separated in the eyes of the law?
3.Would his other partner be considered his 'common-law' partner? And would she have any claim to his benefits and assets?

My Husband has recently retired and is in the process of applying for his pension. He has had 30 days to submit a form. (I've been out of the country) We are meeting this week, and his form is Due Friday. I feel rushed and want to know my rights before I sign anything.
He is offering me 25% of his monthly pension benefits.
4. Is this an acceptable amount? -What am I entitled too?

In an unrelated question. My husbands mother has unfortunately passed away over seas.
5.Would I be notified of any inheritance for myself or for our children or is this something I have to investigate on my own?
6. Do I, or my children (both adults) have any entitlement to the inheritance he is receiving?

We had some shared assets that he took when he moved out. (For example a car, and some antiques). Some of these he still possesses others he has sold.
7. What are my rights regarding these items?

There will be no lawyers when we meet. Just he and I, and our children.
8. What should I be careful of when signing these documents?
9. If I choose not to sign, what am I risking?

10. Is there anything in general I should be aware of?

Thank you for any help that you may be able to provide. :)

[GV70]

1-Yes
2-Do not think so
3.In my opinion-no
4.Depends on many factors
5.If there is no a will and he is the inheritor-no
6.Same as 5
7.What about the real estates
8.WOW-look carefully... it is enough.
9.One or some years in court
10.Yes.You had to get divorce 5 years ago.

[Crackers]

Thank you GV70
There is no real estate. I live in a rental property.
I don't see the need for a divorce. I don't know if it would be worth it, after lawyer and court fees, I would end up in debt, I'm am sure. I don't have any motivation to get a divorce as I don't plan on re-marrying. I currently receive his health care benefits. I fear I would loose that.
Number 4 is the big question for me right now. This is what we will be discussing this week, I would like some information before I sign on the dotted line. What is fair in regards to his pension. You mentioned factors. What factors would have a influence on this percentage?
I forgot to mention we lived together for 23 years. Things that were paid into, were done so as man and wife. My job is not as high-paying, and I raised our kids (I feel that this allows me some entitlement) he was the bread earner.

[ScottGem]

I agree completely with GV's response. I would strongly suggest you consult an attorney to determine what your rights are.

1-3, you are still his wife and not legally separated. As long as you are still legally married, he can't have another wife.
4- This is a big deal. I don't know how Canadian pension plans go, but in the US, he could take the pension in a number of way. He could take the pension without any benefit to you but you would have to agree to it. Or he could take a reduced pension and then you would be entitled to a survivor's pension but only after he dies. So, under US law, having you get a check for 25% each month does seem a good deal. But you really need to talk to someone knowledgeable about Canadian pension laws.
5-6 If there is a probated will in which you are mentioned, then the executor would have to inform you. If you are not mentioned then you have no entitlement.
Unless you draw up a divorce or settlement agreement that deals with those assets, you have nothing to do with them.

I can understand you not bringing a lawyer to the meeting, though that seems to benefit him, but you really NEED to consult one before the meeting so you have a better handle on your rights. And DO NOT sign anything unless you fully understand it. If you don't tell him you need to read the documents over carefully before signing.

[Crackers]

Thank you ScottGem.
I have done some additional searching online. I have found information on the governments pension but am having trouble finding information about his companies pension. Is it annusual to have 30 day time limits on this sort of information?

[ScottGem]

Contact the company directly, explain your are his spouse and you will be deciding shortly how to take his pension. Ask then for the beneficiary options. Don't ask for any actual amounts, just for the general types of distributions.