Application for partition of a supplemental pension plan
Former married and de facto (common law) spouses can have partition carried out on accumulated pension plan benefits. The application for partition must be addressed to the plan administrator, who can charge application processing fees.
Certain conditions apply to applications for partition
Before proceeding, you should make sure that you fulfill the entitlement requirements and that you accompany the application for partition with the proper documents.
Application for partition - Former married spouses
To be entitled to partition, former spouses must have obtained a judgment of divorce, of separation from bed and board or of civil annulment of marriage.
Even if the rules for family patrimony do not apply to some former married spouses, such as those who renounced it before 1991, they can still have partition carried out on a pension plan if their judgment or agreement makes provision to do so.
One of the former spouses must provide the plan administrator with the following:
- the plan member's name and address
- the former spouse's name and address
- a copy of the judgement of divorce, of separation from bed and board or of civil annulment of marriage as well as the agreement confirmed by the judgment, if any
- a copy of any other judgment related to partition
- a copy of the certificate of non-appeal. The certificate, attesting that no appeal was lodged against the judgment, can be obtained from the clerk of the court that rendered the judgment. To receive the certificate, an applicant must wait until the appeal period (30 days following the judgment) has expired.
The certificate of non-appeal attests that no appeal was lodged against the judgment.
The certificate of divorce attests to the effective date of the divorce.
Former married spouses can use Form 5
Application for Partition after a Marriage Breakdown
Application for partition - Former de facto (common law) spouses
A plan member's former de facto spouse cannot demand to receive a share of the pension plan, unless:
- the former spouses must be recognized to have been de facto spouses before the conjugal breakdown
and
- the former spouses made a written agreement within 12 months following the end of the conjugal union.
- An agreement signed before the end of the conjugal relationship is not valid.
- The agreement does not have to be notarized or witnessed.
To apply for partition of a pension plan, one of the former de facto spouses must provide the following to the plan administrator:
- the plan member's name and address
- the former spouse's name and address
- a copy of the partition agreement signed by both former spouses
Important consideration
If no application for a statement of benefits for partition was filed before the application for partition, former spouses must demonstrate that they were de facto spouses. To do so, they must provide the following documents and information:
- an attestation signed by both former spouses indicating the dates of the beginning and end of the conjugal relationship
- for former spouses who lived together for between 1 and 3 years, a proof that they have a child together (for example, an unabridged [full-size] birth certificate for the child issued by the Registrar of Civil Status)
- a declaration of single status from the member, attesting that he or she is neither married, separated from bed and board nor in a civil union with the former spouse concerned or any other person.
Former de facto spouses can use Form 6
Application for Partition Between Former De Facto (Common Law) Spouses
Maximum required fees
Some administrators carry out partition for free. However, the Supplemental Pension Plans Act allows them to charge fees for the purpose.
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Maximum rate for a defined contribution plan
100 $, divided equally between the former spouses
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Maximum rate for a defined benefit plan
150 $ divided equally between the former spouses
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