Following the breakdown of a marriage, civil union or de facto union, the former spouses can share the pension benefits accrued in a supplemental pension plan subject to the Act respecting supplemental pension plans .

Before applying for partition, the former spouses can ask the plan administrator for an estimate of the value of the benefits accrued in the plan at the time of the breakdown. This estimate will help them make a decision that matches their own situation.

Spouses formerly in a marriage or civil union
When partitioning their family patrimony, spouses formerly in a marriage or civil union must consider the pension benefits accrued in their supplemental pension plans during the marriage or civil union.

They should consult a lawyer to find out if the benefits are covered by their matrimonial regime, in particular if they have renounced partition of the family patrimony.

Spouses formerly in a de facto union
Spouses formerly in a de facto union, including same-sex spouses, can partition the benefits accrued in a supplemental pension plan after the breakdown of their union on the basis of a written agreement.

Statement of benefits accrued in a pension plan (estimate)
After receiving an application for a statement of benefits, the plan administrator sends each former spouse a statement setting out the total value of the benefits accrued in the plan and, for spouses formerly in a marriage or civil union, the value of the benefits accrued during the marriage or civil union.

Partition of benefits
In general, a former spouse who is awarded benefits following partition will not receive the amount in cash. The benefits can be used only to generate retirement income.

In most cases, the former spouse will transfer the amount, with interest, to another type of retirement plan, such as a locked-in retirement account ( LIRA) or life income fund ( LIF). The former spouse may also leave the amount in the plan, under his or her own name, or transfer it to his or her existing pension plan if this is allowed by the rules of the plans concerned.

Interest will be added to the amount awarded to the former spouse, from the date on which the spouses ceased to live together or the date on which proceedings were instituted, as the case may be, until the time when the amount is transferred to the former spouse. The interest is deducted from the participating spouse’s remaining benefits under the plan.

More information
For more information concerning a pension plan, contact the plan administrator.

• former married spouses: married couples who divorce, obtain a civil annulment of marriage or a legal separation, if the judgment or agreement confirmed by the judgment provides for the partition of benefits accrued in a supplemental pension plan;
• former civil union spouses: couples in a civil union who obtain the dissolution or annulment of their civil union, if the judgment or agreement confirmed by the judgment, or the notarized transaction contract, provides for the partition of benefits accrued in a supplemental pension plan;
• former de facto spouses: couples in a de facto union who meet the following conditions:
• they have lived in a conjugal relationship for at least 3 years, or at least 1 year if they have had, are expecting, or have adopted a child together,
• the former spouse who is the plan member is not married to, or in a civil union with, another person,
• they agree on the partition within 12 months of their separation.

• If You Separate (PDF, 366 KB)