Régie des rentes du Québec

Obtaining a statement of benefits from a supplemental pension plan for the purposes of partition

To obtain a statement of benefits, one must apply to the plan administrator. Required documents and contents of the statement vary according to the spouses' situation.

To make the process easier, 4 forms accompanied by detailed instructions are available from the Régie des rentes du Québec.

Choose the form based on:

  • the spouses' situation: married or de facto (common law) spouses
  • the proceedings that married spouses have initiated: family mediation or institution of an action
  • the date on which married spouses want to have the benefits valuated: institution of the action or the end of the conjugal relationship. Detailed instructions accompany each form.

Upon receipt of the application for a statement of benefits, a plan administrator has 60 days to respond. It must send a copy to each spouse.


Married spouses in family mediation

If spouses are in family mediation, they can ask the plan administrator to valuate the benefits as at the end of the conjugal relationship.

To obtain the statement, one of the spouses must provide the plan administrator with the following documents and information:

  • the pension plan member's name and address
  • the spouse's name and address
  • proof of the date of marriage, for example, a copy of the marriage certificate from the Registrar of Civil Status
  • an attestation signed by both spouses as to the date of the end of the conjugal relationship
  • a document signed by a family mediator confirming the mediation.

Forms for spouses in family mediation

Form 1: Application for a Statement of Benefits in the Course of Family


Mediation Married spouses who have started proceedings

If spouses have started divorce, separation from bed and board or civil annulment of marriage proceedings, they can ask the plan administrator to valuate the benefits as at the date of the institution of the action. The date is the one on which the spouses or their lawyer filed the application with the court.

To obtain the statement, one of the spouses must provide the plan administrator with the following documents and information:

  • the pension plan member's name and address
  • the spouse's name and address
  • proof of the date of marriage, for example, a copy of the marriage certificate from the Registrar of Civil Status
  • proof of the date of the institution of the action, for example, a copy of the application for divorce filed with the court (as long as that copy is stamped with the filing date)

Form for spouses who have instituted an action of divorce, of separation from bed and board or of civil annulment of marriage

Form 3: Application for a Statement of Benefits Following Institution of the Action


Married spouses who are not in family mediation

The plan administrator is not required to issue a statement indicating the value of benefits as at the end of the conjugal relationship to spouses who are not in family mediation (whether or not they have an institution of an action).

However, the administrator may agree to do so. Therefore, before filing such an application, spouses must ensure that the plan administrator consents. In that case, fees that are higher than the maximum applicable fees for other statements may be charged.

To obtain the statement, the following documents and information must be provided to the plan administrator:

  • the pension plan member's name and address
  • the spouse's name and address
  • proof of the date of marriage, for example, a copy of the marriage certificate from the Registrar of Civil Status
  • an attestation signed by both spouses as to the date of the end of the conjugal relationship
  • the plan member's authorization allowing the administrator to send the statement to the member's spouse.


Form for married spouses who are not in family mediation

Form 2: Application for a Statement of Benefits that May be Issued at the Plan Administrator's Discretion


De facto (common law) spouses

Former de facto spouses can ask the plan administrator to valuate the benefits as at the date of the end of the conjugal relationship.

In order to be able to have partition of benefits carried out, former spouses must make an agreement within 12 months following the end of the relationship. There is therefore no reason to file an application for the purposes of making such an agreement if that time period has already expired.

To obtain the statement, one of the spouses must provide the plan administrator with the following documents and information:

  • the pension plan member's name and address
  • the former spouse's name and address
  • an attestation signed by both 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, proof that they had 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 plan member stating that he or she is neither married, separated from bed and board nor in a civil union with the former spouse or any other person.

Form for de facto spouses

Form 4: Application for a Statement of Benefits for Former De Facto (Common Law) Spouses

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