Partition of employment earnings between spouses
What happens in the event of a separation?
The earnings recorded under the Québec Pension Plan or Canada Pension Plan, if applicable, in the names of both former spouses are added together for each year subject to partition, and are then divided equally between them.
The new earnings recorded can change the amount of the pensions to which you will be entitled. They can also give entitlement to a retirement pension, a disability pension or survivor's benefits.Notethat...
Former spouses will not receive any money before they become entitled to receive a pension under the Québec Pension Plan.
What happens to former spouses who were married or in a civil union?
If the judgment was rendered in Québec, following a judgment of divorce, separation from bed and board (legal separation), civil annulment of marriage, dissolution or annulment of civil union, we automatically partition the employment earnings on which the former spouses paid contributions to the Québec Pension Plan for the period of marriage or civil union, unless the former spouses have expressly renounced such partition.
Even if you renounced partition of family patrimony, you have not renounced employment earnings recorded under the Québec Pension Plan or Canada Pension Plan, if applicable.
If the judgment was rendered outside Québec, the application for partition for the period of marriage must be filed with our agency by one of the former spouses or by a legal representative. You can obtain the Application for Partition of Employment Earnings Between Former Spouses form on our website, by contacting us or from your legal representative.
If you lived with your spouse in a de facto union before your marriage or civil union, you can apply for partition of the employment earnings recorded during the period of your de facto union. Your application must be made
jointly and in writing unless your judgment expressly provides for partition during that period. You have 3 years from the effective date of your judgment to file your application.
What happens to former de facto (common law) spouses?
If you were de facto spouses at the breakdown of your union, partition is not automatic. You must file a joint application for partition to be carried out.
The application for partition must be filed within 4 years after the separation. It may be filed by only one of the former spouses if this possibility was provided for in a written and signed agreement.
You can get the Application for Partition of Employment Earnings Between Former Spouses form on our website.
For what period does your agency carry out partition?
The period subject to partition is always determined in terms of full years.
- For the facto spouses, it begins on 1 January of the year you began living together and ends on 31 December of the year preceding the end of the period of cohabitation.
- For married or civil union spouses, it begins on 1 January of the year of your marriage or civil union. It ends on 31 December of the year preceding:
- the end of the conjugal relationship, if the judgment so provides
- the filing with the Court of an application for divorce, legal separation, civil annulment of marriage or dissolution of civil union.
How are you notified about partition?
We will send you a Notice of Partition approximately 30 days following receipt of your judgment or application for partition between former de facto spouses. If you have renounced partition, we will notify you in writing that partition will not be carried out.
What happens if one of the former spouses is already receiving a pension?
The pension amount will either increase or decrease after we have carried out a partition of employment earnings.
You may request a simulation of the effects of partition.
To make an informed decision, you or your advisor may apply for a
simulated partition of employment earnings. We will quickly send you a free estimate of your retirement pension before and after partition.
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