The breakdown of your marriage or civil union

The breakdown of your union can have an impact on the amount of the employment earnings recorded under your name under the Québec Pension Plan or Canada Pension Plan, if applicable, as well as on any supplemental pension plans, locked-in retirement accounts (LIRAs) and life income funds (LIFs).

Québec Pension Plan

  • The employment earnings recorded under the Québec Pension Plan or Canada Pension Plan, if applicable, during marriage or civil union are part of the family patrimony. 
  • Whether or not you renounce partition, it is strongly recommended that you apply for a simulated partition of employment earnings to obtain a free estimate of your retirement pension before and after partition. 
  • If you obtained, in Québec, a judgment of divorce, of separation from bed and board (legal separation), of civil annulment of marriage or of dissolution or annulment of civil union, we automatically partition the employment earnings recorded under your name and that of your former spouse, unless both of you explicitly renounce partition.
  • A de facto separation, one not made official by a court judgment, does not result in partition of the earnings recorded under the Québec Pension Plan.
  • If you and your former spouse have pension sharing, it will end at the end of the month in which we receive your judgment. Each of you then receives the same retirement pension (if any) that you were receiving before pension sharing began.
  • If you and your former spouse lived together in a de facto (common law) union before your marriage or civil union, you can also apply for partition of the employment earnings recorded during that period.

Supplemental pension plans (also called pension funds)

  • Pension plans are part of the family patrimony. When you separate, you must take them into account in the partition of assets accumulated during the union. 
  • If you obtained a judgment of divorce, of separation from bed and board (legal separation) or of civil annulment of marriage, pension plan benefits can be partitioned with your former spouse.
  • It is not possible to carry out partition for a pension plan following a de facto separation, that is, one not made official by a court judgment.
  • If your civil union has been dissolved or annulled, pension plan benefits can be partitioned with your former spouse.
  • Before deciding about partition, you should apply for a statement of benefits for the purposes of partition. You can use the appropriate form provided and send it to the plan administrator.
  • You should also consider the effects of partition before making a decision. 
  • To have the administrator carry out partition for your pension plan, you or your former spouse must apply for it. You can use the appropriate form provided and send it to the plan administrator.
  • For more information on partition for your pension plan, contact your mediator, legal advisor or plan administrator .

LIRAs and LIFs

  • Locked-in retirement account (LIRA) and life income fund (LIF) are part of the family patrimony. When you separate, you must take them into account in the partition of assets accumulated during the union.
  • If you obtained a judgment of divorce, of separation from bed and board (legal separation) or of civil annulment of marriage or a dissolution or annulment of civil union, your LIRA or LIF can be partitioned with your former spouse.
  • It is not possible to carry out partition of your LIRA or LIF following a de facto separation, that is, one not made official by a court judgment.
  • The LIRA or LIF must be evaluated at its market value. There are no prescribed rules for evaluating the portion accumulated during the union, but it must be done in a reasonable way.
  • To apply for partition of your LIRA or LIF, you or your former spouse must provide your financial institution with a copy of your judgment.
  • Partition is carried out by transferring the amount provided for to an LIRA, an LIF, an annuity contract or the pension plan of your former spouse.

Practical corner

Breakingup Public-sector pension plans - Find out more!
Top of page