Clientele
Former de facto spouses and former spouses who were married or in a civil union
Conditions to be met by former de facto spouses
Former de facto spouses
- must have lived together for at least three years, or at least one year if a child was born or is to be born of their union, or if they adopted a child,
- must have been separated for at least 12 months, and
- must not have been married to or in a civil union with another person during their separation.
Condition regarding former married spouses
The divorce judgment, the civil annulment of marriage or the separation agreement or judgment must have been rendered outside Québec.
If the judgment was rendered in Québec, the former spouses who were married or in a civil union are not required to make an application, as the Régie is automatically notified of the judgment.
Condition regarding former spouses in a civil union
The judgment of annulment or dissolution of a civil union must have been rendered outside Québec.
To apply for the partition of employment earnings recorded under the Québec Pension Plan in the event of a separation,
- the former de facto spouses must jointly fill out the Application for Partition of Employment Earnings Between Former Spouses Under the Québec Pension Plan form and mail it to Retraite Québec (the application form may be signed by only one of the former spouses where a written, signed agreement provided for this possibility),
- one of the former spouses who were married or in a civil union must fill out the Application for Partition of Employment Earnings Between Former Spouses Under the Québec Pension Plan form and mail it to Retraite Québec, or
- former spouse who were married or in a civil union and who want to partition their earnings recorded under the Plan for the period when they were living together before their marriage or civil union must fill out the Application for Partition of Employment Earnings Between Former Spouses Under the Québec Pension Plan and mail the form to Retraite Québec.
Former spouses who were married or in a civil union
Former spouse who were married or in a civil union and who want to partition their earnings recorded under the Plan for the period when they were living together before their marriage or civil union must submit their application within three years from the date their judgment takes effect, unless it was already specified in their judgment.
Former de facto spouses
Former de facto spouses must submit their application within four years of the date of their separation.
Withdrawal of an application for partition
Former spouses who were married or in a civil union
If a judgment entitling the former spouses to the partition of earnings was rendered in Québec, the application cannot be withdrawn.
If the judgment entitling the former spouses to the partition of earnings was rendered outside Québec, the former spouse who applied for partition can withdraw the application within 90 days following the receipt of the notice of partition.
Former de facto spouses
Former de facto spouses have 90 days following the date of the notice of partition to jointly withdraw their application.
Renunciation after partition
After partition has been carried out, the former spouse who was married or in a civil union and whose earnings recorded under the Plan are increased as a result of partition, or both former spouses, can renounce partition by a notarized act of renunciation that is entered in the Register of Personal and Movable Real Rights within one year following the effective date of the judgment or of the notarized joint declaration giving entitlement to partition.
Retraite Québec usually sends out a notice of partition within 30 days following the receipt of the judgment or the application for partition.
