Are pension assets divided on spousal relationship breakdown?
A division can occur only on the breakdown of a spousal relationship and in accordance with a court order or interspousal agreement made pursuant to The Family Property Act. A division cannot occur if there has not been a breakdown in a spousal relationship. The pension plan administrator cannot act on any other direction than that given by an order or agreement. The division of pension benefits is not mandatory. The couple may prefer, or the courts may order, a division of family property in such a manner that the member’s or former member’s pension benefits remain intact. The member must maintain a prescribed minimum interest in the plan so as to not unduly change the employee-employer relationship. A division of pension benefits must not reduce the commuted value of the member’s benefits to less than 50% of the commuted value of the member’s benefits prior to the division.
