Under Section 41 of the Teachers’ Pension Plan Regulations, upon marriage breakdown, a former spouse of a member is entitled to receive up to one-half of the pension benefit earned during the period of marriage. The period of marriage is defined in a court order (from the Supreme Court) or divorce decree. It usually begins at the date of marriage and ends at the date of separation or divorce. In order to divide a pension benefit, we must receive a copy of the court order or divorce decree.
Common law spouses or partners have the same rights as legal spouses, with the period of marriage being defined as the period of cohabitation of three years or more. However, if a member is not yet divorced and is now living with a new partner, the legal spouse would take precedence over the common law spouse or partner in the event the member were to die.
If you have questions regarding your pension benefits and marriage breakdown, please contact our office.