How to divide your pension
Learn about your options for telling us you've separated or divorced and how we should divide your pension.
Submit separation agreement or order
You have three options for telling us how we should divide your pension between you and your former spouse.
You can send us a:
- Separation agreement
- Court order
- Form P9 Agreement to have benefits divided
You only need to submit Form P9 Agreement to have benefits divided if you do not already have a formal written separation agreement or court order dividing your pension benefit.
If your pension is to be divided, you and your former spouse must provide clear direction in the separation agreement or court order about the division.
We recommend you discuss the following guidelines with a lawyer:
- Provide the correct name of the pension plan (or plans) to be divided.
- Clearly identify the start and end dates (day, month and year) of the entitlement period. The Family Law Act normally considers this to be from the time you started living together until the date you separated.
- Indicate the former spouse’s share of the pension (expressed as a percentage). This is normally 50 per cent of the pension earned during the entitlement period, but it can also be greater or less than 50 per cent. The plan cannot divide a pension based on a set dollar amount.
- Explain any other special requirements for dividing the pension that vary from those under the Family Law Act (e.g., if the division will include any service purchased after the entitlement date).