The benefits accumulated in a supplemental pension plan can be partitioned if a couple divorces, legally separates or obtains a civil annulment of marriage.
If you are subject to the rules concerning family patrimony, the portion of the benefits that were accumulated during the marriage are considered to be part of the family patrimony.
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The partition of family patrimony cannot deprive a member of more than half of the total value of the benefits accumulated in his or her pension plans.
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If proceedings have begun for divorce, legal separation or civil annulment of marriage
The member or the member's spouse can ask the administrator of the plan for a statement of the total value of the member's benefits and the value of the portion that was accumulated during the marriage.
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The application must be accompanied with a proof of the date on which proceeding for divorce, legal separation or civil annulment began, as well as the names and addresses of both spouses.
The administrator of the plan must produce a statement of benefits within 60 days. Once proceedings have begun, the member's spouse also has the right to consult the plan text and any other pertinent documents.
If you are using in family mediation services
The member, or his or her spouse, can obtain a statement before proceedings have begun if there is mediation.
The statement application must be accompanied with the names and addresses of both spouses, proof of the date of marriage, an attestation from both spouses indicating the date on which they stopped living together and an attestation from the mediator confirming the mediation.
After obtaining the judgment
In order for partition to be carried out, the member or his or her former spouse must file a written application, accompanied with the required documents.
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The former spouse who benefits from partition does not receive the amounts in cash, other than in certain exceptional situations. He or she can, however, transfer amounts to an locked-in retirement account (LIRA) or an life income fund (LIF) to obtain a retirement income.
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