Valuation of benefits
Valuation of benefits varies according to the type of benefits:
The Regulation respecting supplemental pension plans and the Regulation respecting voluntary retirement savings plans make provision for a very specific method of valuating:
- benefits in their entirety
- the portion of benefits accrued during the spouses' marriage or civil union.
- De facto (common law) spouses receive only the valuation of the benefits in their entirety.
Valuation of benefits for the purposes of partition of the family patrimony
The Civil Code of Québec specifies the mandatory valuation rules that must be followed, which means that a judge cannot decide to calculate the value of benefits using another method, regardless of the reason.
As a result, the value of the benefits that are part of the family patrimony represents the value accrued during the marriage or civil union, as indicated on the statement of benefits for the purposes of partition.
Legal references