Summary
In Nova Scotia, a legally married spouse is generally entitled to survivor benefits unless a will states otherwise. Common-law partners must typically live together for at least two years to claim such benefits. If the other person does not meet this requirement, the legal spouse is likely entitled. If appeals are denied, consult a family law lawyer to review evidence and assist with the appeal process. Gather evidence like T4s, tax returns, and welfare records to challenge common-law claims.Full Conversation
If i live in nova scotia and am married but seperated and my husband starts a relationship and has a child but they dont live together and he dies who is entitled to the survivor benefit
In Nova Scotia, if a legally married person dies, the spouse is generally entitled to the survivor benefit, even if separated, unless there is a will stating otherwise. The new partner or child may have rights only if named in the will or if they can claim dependent's relief.
What if orher person claims common law
In Ontario, for someone to claim common law status, they must meet one of the following criteria:
- Lived together for at least 3 years
- Have a child together and lived in a relationship of some permanence
Does the other person meet these criteria?
No but im talking about nova scotia law not ontario
Case Rating: *
In Nova Scotia, common-law partners must usually live together for at least two years to claim survivor benefits. If the other person does not meet this requirement, you as the legal spouse would likely be entitled to the survivor benefit.
Do you have any other details about the situation that might be relevant?
They keep turning my appeals down and say cause she had sex with him within 9 months of his passing she was common law
Case Rating: *
It sounds like this is a complex situation. In Nova Scotia, common-law status typically requires living together for at least two years. However, your appeal denials suggest there may be additional factors or misunderstandings at play.
Would you like to provide more details about the appeals process or any other relevant information?
She says they lived together and have * kids. They have * kids but more like dated and hed stay over then theyd fight and hed leave. He never used address and even claimed welfare single at differnt address
Case Rating: *
It sounds like there might be some discrepancies that could impact the common-law status claim. The information you provided suggests they did not live together continuously, and he claimed welfare as a single person at a different address.
Would you like to provide more details about the appeals process or any other relevant information?
Shes lying and when i show t4s and income tax with him using a different address even for welfare they keep saying no
Case Rating: *
It seems like you have provided substantial evidence that he did not live with her continuously, which could challenge the common-law claim. You might want to consult a lawyer who specializes in family law in Nova Scotia to review your evidence and help with the appeal.
Would you like more detailed information on the appeals process or legal assistance?
Yes
Case Rating: *
In Nova Scotia, challenging a common-law claim can be complex, especially if there are discrepancies in the living arrangements and official records. Consulting with a family law lawyer in Nova Scotia could provide you with tailored advice and support for your appeal. Here are some general steps you can take:
- Gather all evidence, including T4s, income tax returns, and welfare records showing different addresses.
- Document any inconsistencies or lies from the other party.
- Prepare a detailed timeline of his living arrangements and interactions with you and the other person.
Would you like to be connected to local lawyers who can better assist you with your case?
TRY ME!
Start a new chat