Common law spouses not necessarily entitled to pension benefits
A recent court decision has created new worries for the 'married but not yet divorced' set.
The case in question involved a man who died prior to retirement, leaving behind both his long-time common law spouse, with whom he was living at the time of his death, and his first wife, to whom he was still legally married even though they lived apart.
The question was who should receive the man’s pension death benefit: his common law wife, his legal spouse or his designated beneficiaries?