Can I divide the Canada Pension Plan Credit after Separation?

If you are married or living in a common-law relationship, you may be entitled to equally divide the Canada Pension Plan contributions made during the time you lived together. This is called credit splitting. It is done by the Canada Pension Plan and there are several eligibility tests as well as documents that need to be provided in order to complete this process.

Considering whether or not to divide CPP credits may help a party quality for benefits. It can also affect the amount of any current or future benefits under the CPP program for both parties.

In Ontario, after 1986, agreements that state that CPP credit will not be split are generally unenforceable. The CPP legislation is clear that credit splitting is mandatory unless a province enacts legislation allow it. While some provinces have enacted this type of legislation, Ontario has not.

To obtain the credit split, you must meet certain eligibility factors and deadlines, which vary depending on your particular situation. The chart is a simple summary and can be a general guide:

• Your Marriage Ended in a divorce or annulment on or after January 1, 1987

  Eligibility Factors

  You lived with your former spouse for at least 12 consecutive months

  Deadlines

  There is no time limit

• You are Separated – meaning that you are still married and your separation occurred on or after January 1, 1987

  Eligibility Factor

  You lived with your spouse for at least 12 consecutive months

  You have been living separate and apart for at least 12 consecutive months

  Deadlines

  There is no time limit. Unless your spouse dies, in which case you must apply within 36 months of the date of death

• Your Common-Law Relationship ended on or after January 1, 1987

  Eligibility Factors

  You lived with your former common-law partner for at least 12 consecutive months

  You have been living apart for at least 12 consecutive months (unless your former common-law partner died during this period)

  Deadlines

  Must apply within 48 months (4 years) of the date you began to live apart

  This time limit can be waived if your former common-law partner agrees in writing to waive the 48-month time limit

  If your former common-law partner died, you may still
  quality for a credit split

For more information on CPP credit split, you can visit the following website:

https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-split-credits.html