Divorce or separation – Retired members – Pension

You may want to know…

• Whom should you inform in the event of your separation or divorce?

  You should inform the Government of Canada Pension Centre (Pension Centre) in the event of a Separation or Divorce. Please send copies of the following documents:

  • If you are separated – the separation papers;
  • If you are divorced – the divorce decree absolute;
  • If you are no longer in a common-law relationship – a letter advising the Government of Canada Pension Centre that the relationship has ended and providing the date.

  Please include your pension number on all documents. If you don't know your pension number, include your Personal Record Identifier (PRI) instead.

• Can your pension benefits be divided in the event of divorce or separation?

  Yes. The Pension Benefits Division Act provides for the division of the pension benefits that you have accumulated under the public service pension plan in the event of your marriage or common-law relationship breakdown.

• Who is eligible for a division of pension benefits?

  You or your spouse/common-law partner may apply after you have been separated for at least one year. However, if the application is based on a court order pertaining to divorce, annulment or separation, then the one-year separation requirement does not apply.

  In the case of a common-law relationship, an application may be made only if your relationship lasted a minimum of one year.

  In either case, you must have a court order or written agreement signed by you and your spouse that provides for the division of your pension benefits.

• What steps are involved in obtaining a division of pension benefits?

  Either you or your former spouse/common-law partner may apply for a pension benefits division.

  • Step 1: Request information on pension benefits division.

    Before you submit your request for an estimate, consult Request for Estimate for more information on the number of estimates you can receive per period of 12 months and which documents and forms are required.

    If you want an estimate of the division amount before you apply for a division, you must submit the Request for Pension Benefits Division Information (PWGSC-TPSGC 2488) form, along with any other required documents.

  • Step 2: Apply for pension benefits division.

    You must submit the Application for Division of a Public Service Superannuation Act Pension Benefits in Accordance with the Pension Benefits Division Act (PWGSC-TPSGC 2486) form, along with your Court Order or written agreement, and any other required documents.

  • Step 3: Division of pension benefits.

    Once the division is approved, the amount representing the value of the pension benefit earned during the period subject to division is transferred into a chosen registered retirement savings account(s).

    These steps are described in further detail in the Division of Pension Benefits Package. Additional information is found under the Pension Benefits Division Act and the Pension Benefits Division Regulations.

• How does a pension division affect your pension?

  If you are in receipt of a pension, your pension will be reduced immediately upon completion of the division.

• How are your survivor benefits affected?

  If at the time of your death you were divorced, your former spouse will not be entitled to a survivor benefit.

  If at the time of your death you were separated from your common-law partner, that partner's entitlement to a survivor benefit ends immediately upon separation and therefore, will not be entitled to a survivor benefit.

  However, if at the time of your death you were separated from your legal spouse but not divorced, your spouse would be entitled to a survivor benefit. However, if you were separated from your legal spouse and your former spouse had applied for a division of pension benefits, your legal spouse would only be entitled to a survivor benefit in respect of the portion not covered by the division.

• Can your pension benefit be diverted for spousal or child support?

  Yes. Part II of the Garnishment, Attachment and Pension Diversion Act (GAPDA) permits pension benefits payable to public service plan members to be diverted to applicants possessing a valid financial support court order. The applicant must send the original or certified true copy of the court order along with the completed Application for Diversion from a Public Service Pension in Accordance with Part II of the "Garnishment, Attachment and Pension Diversion Act" (PWGSC – TPSGC 2460) to the address indicated on the application.

• If your salary was being garnished while you were employed, will the garnishment continue if you become entitled to a pension benefit?

  A new application under Part II of the Garnishment, Attachment and Pension Diversion Act (GAPDA) provisions must be submitted for your pension benefits to be diverted, even if your salary was subject to continuing garnishment. The applicant is responsible for completing and forwarding a new application with the original or certified true copy of the court order to the address indicated on the application order, in order for the financial support to continue.

• How can your pension diversion amount be amended or stopped?

  The pension diversion amount can be amended or stopped with an amended court order.

• How is your Supplementary Death Benefit affected?

  There is no impact for Supplementary Death Benefit (SDB) purposes. However, if your former spouse is still named as the beneficiary, they will be entitled to receive your SDB benefit upon your passing.

  To name or change your beneficiaries, complete and submit a new Naming or Changing Your Beneficiaries (PWGSC-TPSGC 2196) form.

• Does your Will affect who receives your Supplementary Death Benefit?

  No. Wills, Agreements and Court Orders do not affect who receives your Supplementary Death Benefit (SDB). The beneficiaries named on the Naming or Changing Your Beneficiaries (PWGSC-TPSGC 2196) form will receive the SDB.

  You must name new beneficiaries to cancel the previous designation.

• If you don't remember whom you named as beneficiaries of your Supplementary Death Benefit, how do you find out who it is?

  You must contact the Pension Centre by telephone. Alternatively, you can designate new beneficiaries by completing and submitting the Naming or Changing Your Beneficiaries (PWGSC-TPSGC 2196) form.

• Should you inform the Pension Centre if one of your Supplementary Death Benefit beneficiaries move?

  Yes, you should update your beneficiaries’ information by completing the Naming or Changing Your Beneficiaries (PWGSC-TPSGC 2196) form.