Marital breakdown

Your pension is a family asset. As a result, if you and your spouse end your relationship during your retirement, the pension you earned while in your relationship will be considered in the assessment of family assets for division.

Under Ontario’s Family Law Act, you and your spouse can agree to a separation agreement that divides total family assets, rather than individual assets. This approach allows you to keep your PJPP pension in exchange for assets of equal value. Of course, any agreement between you and your spouse must comply with legislation.

Important notes about pension division:

  • Pensions in pay can be divided but cannot be paid out in a single lump sum
  • Post-retirement separations with no divorce decree are still eligible for division
  • For any special circumstances, please contact OPB on behalf of the PJPB.

Here are some things you need to know about dividing your PJPP pension:

  • You are not obligated to divide your pension. It’s up to you and your former spouse to decide how your family assets will be divided.
  • Your former spouse may be entitled to share up to 50% of the value of the pension accrued during your relationship.
  • If you think you would like to divide your pension, you need to get the Family Law Value of your pension. As the Plan Manager of the PJPP, OPB provides Family Law Values to members of the PJPP, and also to their current/former spouses, and authorized contact persons.
  • If you choose to divide your pension, this decision must be documented in your Settlement Instrument (court order, separation agreement, family arbitration award, or domestic contract).

Who can apply for the Family Law Value?

By law, only the following may apply for the Family Law Value of a pension entitlement in the PJPP:

  • member, former member, or retired member of the PJPP
  • married spouse or former married spouse of member, former member, or retired member of the PJPP
  • persons acting on behalf of the above with Power of Attorney or as legal guardian

To apply for the Family Law Value, you or your former married spouse send an Application for Family Law Value (Family Law Form FL-1(opens in a new tab) to OPB.

For more information on pension splitting, contact OPB on behalf of the PJPB.