Common Law while separated? Stupid question

[81MC]

I think I know the answer, but just in case:

Was legally married. Separation agreement signed 4 years ago, we never have legally divorced (mainly because paying money for that #### pisses me off).
I’ve been in a common-law type relationship with a lady for the last couple years I suppose (entirely unrelated to the separation).

‘Legal’ spouse hasn’t been a member of my benefit plan since. I’d like to have my partner on my benefits, but my advisor is telling me I can’t have a common-law spouse on my plan until legally divorced - claiming divorce before legal would amount to some sort of fraud.

I guess makes sense, not a conversation I’m looking to have with either one

[peter12]

You need to get divorced, man!

[ResAlien]

Yeah you’re married so you can’t add someone who’s not your legal spouse to benefits. Makes sense. Get divorced already.

[peter12]

Uncontested divorces are easy and cheap!

https://www.canadianlegal.org/uncont...es-in-alberta/

[troutman]

Does the Agreement say anything about waiving rights to your benefits?

[blankall]

You can get a legal divorce done yourself for just the filing fees, $300-400. If you hire a lawyer it will probably cost $1000-1500.

If you have no kids, property/debt, and there are no claims for support, and you are both in agreement on this, just file your own papers and get it done. I would just go to the courthouse and do it. Consult with a pro-bono lawyer first. Keep in mind that things like CPP, pensions, benefits, etc.. are dividable too.

[81MC]

Aye. From what I recall, agreement was a split of asset/liabilities with absolutely nothing contested or any thing like that. I really don’t recall the provisions for pensions and such, but we pretty specifically agreed that neither would go for the others. Honestly about as clean and simple (logistically speaking I suppose) as a separation could be.

Bleh

[dino7c]

Originally Posted by 81MC

Aye. From what I recall, agreement was a split of asset/liabilities with absolutely nothing contested or any thing like that. I really don’t recall the provisions for pensions and such, but we pretty specifically agreed that neither would go for the others. Honestly about as clean and simple (logistically speaking I suppose) as a separation could be.

Bleh

Until its official she can still fack you over...she agrees until she talks to some gold digging lawyer

[Wastedyouth]

Originally Posted by 81MC

Aye. From what I recall, agreement was a split of asset/liabilities with absolutely nothing contested or any thing like that. I really don’t recall the provisions for pensions and such, but we pretty specifically agreed that neither would go for the others. Honestly about as clean and simple (logistically speaking I suppose) as a separation could be.

Bleh

Till it's not.

[Old Yeller]

https://www.albertacourts.ca/qb/area.../divorce-forms

I went through this experience and got divorced about 4 years after signing the separation agreement. Cost me a $266 in court costs at the time (2016ish) and was a relatively straight forward experience... obviously helped that I was on good terms with my ex.

[afc wimbledon]

Originally Posted by dino7c

Until its official she can still fack you over...she agrees until she talks to some gold digging lawyer

they can both fack him over, but I'm cynical like that

[Oling_Roachinen]

I'm pretty sure this is the plot of Sweet Home Alabama.