Starting or ending a relationship in retirement

Please let us know if your relationship status changes. You can do that by updating your personal information using the OPB1004 – Retired Member Information Change (PDF) form, or you can call us.

Pension division is not mandatory when you end a spousal relationship. You and your former spouse can decide whether or not your pension should be part of the equalization of your net family assets when your marriage or common-law relationship ends.

If your pension is divided, your former spouse is entitled to a maximum of 50% of the Family Law Value (FLV) (during the time you were married or together as common-law) which they would receive as a monthly PSPP pension payment.

Dividing your pension after you end a spousal relationship is a four-step process. As part of the process, we will calculate your FLV so that you and your former spouse can determine if pension division is the right choice for you.

We have summarized the process below, including any necessary forms you’ll need to complete.

1. The application

If you and your former spouse were legally married, your application can be submitted by you, your former spouse or a person holding power of attorney for property for either you or your former spouse. For common-law relationships, only the retired member or their power of attorney for property can apply for a FLV. Please complete and submit the applicable forms and required supporting documents to us to get the FLV:

• Application for FLV (Family Law Form FL-1) You will need to provide proof of the start and end date of your relationship, e.g., marriage certificate, separation agreement, etc. 
• Other required documentation we have included on the checklist for retired members.

Once we receive your forms and required supporting documents, we can calculate the FLV.

Important: Sending in your application does not mean that we will divide your PSPP pension automatically. It’s just the first step. The final decision to divide your pension is made by you and your former spouse once you have the information you need to make a decision. Your decision must be documented in your separation agreement, court order or other domestic contract.

2. Calculating the FLV

Once we have calculated the FLV, we’ll prepare and send copies of the Statement of FLV (Family Law Form FL-4E) to you, your former spouse and any contact person you and your former spouse may have designated within 60 days of receiving the completed application.

3. Review and make a decision

Once you receive the Statement of FLV from us, you should take time to review the information with your legal counsel to determine if you are going to split your PSPP pension with your former spouse. Once you have made your final decision, please complete the appropriate forms and submit them and the supporting documents requested in the FLV package to us.

4. Making an election

If you have decided to go ahead with dividing your pension, your former spouse needs to complete and submit a Spouse's Application to Divide a Retired Member's Pension (Family Law Form FL-6) with a copy of your signed separation agreement, court order or other domestic contract to us. We also require your former spouse to submit the following Canada Revenue Agency forms:

• TD1 E - Personal Tax Credits Return
• TD1ON E - Ontario Personal Tax Credits Return

If you've decided not to go ahead with dividing your pension, we ask that you advise us of your decision.

For more information on how you can send us these forms, please contact us.

It depends. If you marry or your common-law partner qualifies as a spouse under the PSPP after your pension starts, you can apply for a survivor pension for your new spouse, but only if you don’t already have an eligible spouse or child who is entitled to receive a survivor pension when you pass away.

Important: If your application for a survivor pension for your post-retirement spouse is approved, a reduction will be made to your pension to cover the cost of the survivor pension.

To apply for a survivor pension for your new spouse, you will need to submit an OPB1068 - Application for Survivor Pension (PDF) and all supporting documents within 90 days of the later of:

• establishing a spousal relationship
• the date your children no longer qualify for a survivor pension 

If your application is received after 90 days, a certificate of good health may be required to assess your eligibility. 

If your former spouse is entitled to a survivor pension, there are certain circumstances in which your former spouse can waive their right to that survivor pension.

In order to waive the joint and survivor pension, you and your former spouse must:

• go through the FLV process and receive Statement of Family Law Value (Family Law Form FL-4E) from OPB; and
• complete a Post-retirement Waiver of Survivor Pension After Separation (Family Law Form FL-8).

Please note that this option is only available if your settlement instrument was signed on or after January 1, 2012.

For more details on that process, please call us.

If the joint and survivor pension is waived, you can apply for a post-retirement marriage survivor pension for your new spouse, as long as there are no eligible children entitled to a benefit.

If the application is submitted within three months of the marriage, no certificate of health is required.