Ontario's Pension Benefits Act and Regulation 287/11 (Family Law Matters) provide the process to value and divide a member's pension upon marriage breakdown.
Guidance
Administration of Pension Benefits upon Marriage Breakdown – November 9, 2021 (PE0225INT): This Guidance provides a principles-based approach with examples plan administrators can use to interpret and comply with their legal obligations.
Webinar on the Administration of Pension Benefits Upon Marriage Breakdown Guidance: This webinar focuses on:
- FSRA's family law forms
- FSRA's approach to the valuation and division of the pension asset in a marriage breakdown
- FSRA’s interpretation of key legislative provisions relating to marriage breakdown
Resources
Pensions and marriage breakdown – a guide for members and their spouses: This Guide provides members and their spouses an overview of valuing and dividing a member’s pension upon marriage breakdown. It is also a helpful resource for plan administrators and other professionals. Sections of this Guide may also apply to common law spouses.
Forms
Family Law - To be completed by members and/or spouses
- Application for Family Law Value (Family Law Form FL–1)
- Spouse’s Application for Transfer of a Lump Sum (Family Law Form FL–5)
- Spouse’s Application to Divide a Retired Member’s Pension (Family Law Form FL–6)
- Spouse’s Application to Divide a Retired Member’s Pension – Special (Combined Option) (Family Law Form FL–6S)
- Post-retirement Waiver of Survivor Pension After Separation (Optional) (Family Law Form FL–8)
Family Law – To be completed by Plan Administrators
- Statement of Family Law Value – Defined Contribution Benefit (Family Law Form FL–4A)
- Statement of Family Law Value – Active Plan Member with a Defined Benefit (Family Law Form FL–4B)
- Statement of Family Law Value – Active Member of a Plan with Defined Benefit and Defined Contribution Provisions (Family Law Form FL–4C)
- Statement of Family Law Value – Former Plan Member (Family Law Form FL–4D)
- Statement of Family Law Value – Retired Member with a Defined Benefit (Pension Family Law Form FL–4E)
Family Law – Pool registered Pension Plans
- Application for Family Law Value (Ontario PRPP Form ON-A)
- Application to Transfer the Family Law Value (Ontario PRPP Form ON-D)
- Joint Declaration of Period of Spousal Relationship (Ontario PRPP Form ON-B)
- Statement of Family Law Value (Ontario PRPP Form ON-C)
Family Law – Variable benefits
- Application for Family Law Value – Variable Benefit Account (FSRA Family Law Form FL-VB1)
- Joint Declaration of Period of Spousal Relationship – Variable Benefit Account (FSRA Family Law Form FL-VB2)
- Contact Person Authorization – Variable Benefit Account (FSRA Family Law Form FL-VB3)
- Statement of Family Law Value - Variable Benefit Account (FSRA Family Law Form FL-VB4)
- Application to Transfer the Family Law Value - Variable Benefit Account (FSRA Family Law Form FL-VB5)