Supplemental Pension Plans: Partition of Benefits following a Divorce or Separation
Apply to the plan administrator for a partition of benefits using the form made available by Retraite Québec, or by way of a letter, including all the required documents and information. Send this all to the pension plan administrator.
The application for partition should be made as soon as possible after the judgment or agreement is finalized. Former spouses should not wait until the plan participant has retired before filing an application.
The application may be filed:
- by former married spouses, as soon as the deadline for appealing the judgment as expired;
- by former civil union spouses, as soon as the notarized transaction contract and declaration of dissolution have been signed;
- by former de facto spouses, as soon as they have signed an agreement on the partition of their pension plan benefits, but no later than 12 months after they stop living together.
The maximum fees charged for an application for the partition of benefits depend on the type of plan. For a defined contribution plan, the maximum fee is $100, payable in equal shares by the former spouses. For a defined benefit plan, the maximum fee is $150, payable in equal shares by the former spouses.
Application for a statement of benefits
Upon receipt of the application for a statement of benefits, the plan administrator has 60 days to respond. The plan administrator must send a copy of the statement to each spouse.
Application for the partition of benefits
The plan administrator is required to carry out a partition of benefits within 60 days of receiving the application, if it is filed by both former spouses. However, if the application is filed by a single former spouse, the administrator must first notify the other former spouse of the application for partition.
Depending on the situation of the former spouses, the following documents are required.
Former married spouses
- The form Application for Partition after a Marriage Breakdown (optional).
- A copy of the judgment of divorce, separation from bed and board or annulment or marriage including, if applicable, the agreement on the partition of property confirmed by the judgment.
- A certificate stating that the judgment has not been appealed.
Former civil union spouses
- A copy of the judgment of dissolution or annulment of civil union including, if applicable, the agreement on the partition of property confirmed by the judgment, and a certificate stating that the judgment has not been appealed.
- A copy of the joint declaration of dissolution of a civil union and the notarized transaction contract.
Former de facto spouses
- The form Application for Partition Between Former De Facto (Common Law) Spouses (optional).
- A copy of the partition agreement.
- A copy of the long-form birth certificate of the child concerned, or any other document proving that the former spouses have had a child together, if they lived together for one to 3 years.
Note
Although the form itself is optional, since the application may be made by letter, it is important to provide the documents and information listed on the form for a given situation.
