01/13/2025
WHY DIVORCE MATTERS
You don’t necessarily need to get divorced after you separate. You could resolve the corollary issues (e.g. the parenting plan, child and spousal support, equalization of net family property, etc.) in a separation agreement, but remain legally married. But there is a difference between being separated and divorced. Here’s why it might matter to you:
1. Limitation Periods: A married spouse has 2 years from the date of divorce, or 6 years from the date of separation, whichever is sooner, to file a claim for equalization of net family property if the issue is not resolved.
2. Medical and Dental Benefits: Most extended health benefits allow separated but married spouses to remain on an employee’s plan. Once you are divorced, you lose access to these benefits.
3. Survivor’s Benefits on Pension Plans: If you are married, you may have a right to survivor’s benefits on your spouse’s pension plan (depending on the terms of the plan), unless the issue is resolved by agreement or court order in such a way that you have released your claim to these benefits. For most pension plans, a divorced spouse has no claim to a survivor’s benefit. For some pensions, e.g. HOOPP, the spouse you are married to at the time of retirement is the spouse who is entitled to the survivor’s benefit, unless there is an explicit release of these benefits in a separation agreement. The implications of divorce on survivor’s benefits is dependent on the terms of the plan, but this is something to consider.
4. CPP Survivor’s Pension: If you are married at the time of death, your married spouse is entitled to your CPP survivor’s pension. If you are married to one person and living common-law with someone else, CPP might divide the pension between your married spouse and your common-law spouse.
5. Emotional Closure: Some people want to get divorced in order to bring a feeling of emotional closure to their lives.
6. Dating: Some people like to be able to “market” themselves as divorced when they enter the dating scene, as opposed to just separated.
7. Remarriage: If you want to get married again, you need a marriage license. To get a marriage license, you can’t be still married to someone else. You will need a Divorce Certificate when you apply for the license.
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