Your pension is one of your greatest assets. When a spousal breakdown occurs, the division of this valuable asset is neither mandatory nor automatic.
The Family Law Statute Amendment Act streamlines the pension division process and helps ease the financial burden for couples facing the end of their relationship.
The rules for the valuation and division of pension assets following a spousal breakdown are regulated by the Financial Services Regulatory Authority of Ontario (FSRA). FSRA replaced the Financial Services Commission of Ontario (FSCO). FSRA has a guide which may help you through this process, Pensions and Marriage Breakdown – a Guide for Members and their Spouses. This guide provides an overview of valuing and dividing members’ pensions upon marriage breakdown.
Both working and retired members are required to complete several family law forms for a Statement of Family Law Value.
Steps to take
The application process and settlement method depends on whether you're a working member or a retired member at your Family Law Valuation (FLV) Date.
A spouse from a marriage or common-law relationship that began after you started receiving your pension is not eligible for the division of your pension.
In this section
A lump-sum payout to your former spouse is the only settlement option available to you and your former spouse, if you choose to settle your equalization obligation with your pension.
The division of your pension is the only settlement option available to you and your former spouse, if you choose to settle your equalization obligation with your pension.
If you completed your separation agreement on or before December 31, 2011, you and your former spouse fall under the old rules.