What is the Impact of a Separation on Your Retirement?

A separation can impact your finances and even your retirement.

Types of union

First, it all depends on your type of union: marriage, civil union, de facto union or parental union.

Marriage and civil union

In the case of a marriage or civil union, your family patrimony is partitioned in the event of a legal separation, divorce or dissolution of the civil union. The fact that you no longer live together without a legal separation does not allow for the partition of the family patrimony.

Family patrimony includes:

• your main residence;
• the family's secondary residence, such as a cottage;
• furniture and family cars;
• the benefits that you and your former spouse accrued under a pension plan.

The net value of your assets is partitioned in equal shares, either in cash or by transferring ownership of an asset worth the same amount as the amount owed.

Once your family patrimony is partitioned, the value of your remaining assets will be partitioned according to the rules of your matrimonial regime  or civil union regime.

De facto union

If you and your spouse are in a de facto union, there is no family patrimony. In the event of a separation, you keep your own assets, even if they were purchased while you were living together or were used for the family. However, when you separate, you can agree on how to divide the assets you purchased together, such as your home and furniture. To avoid this type of situation, you can draw up a cohabitation agreement with your notary or attorney.

Parental union

The parental union is a new juridical regime in Québec. It protects couples in a de facto union who live together and have a child together or adopted a child after 30 June 2025. The patrimony of a parental union promotes fairness between parents and provides for a family patrimony of parental unions . For more information, consult the Parental union  section on Québec.ca

How does the partition of the benefits accrued under a public-sector pension plan work?

Here is how partition works in the event of separation under the Québec Pension Plan, under workplace pensions plans and if you have a locked-in retirement account (LIRA) or a life income fund (LIF). Please note that, regardless of your situation, you should take the time to get all the information you need. If necessary, consult your notary or attorney for guidance.

Québec Pension Plan

Regarding the Québec Pension Plan (QPP), the employment earnings recorded in your file are used to calculate the pension you will receive in retirement. Please note that no amount is paid after partition at the time of the separation. The employment earnings will be used to calculate the amount of benefits when the time comes.

In the case of a marriage or civil union, your and your former spouse's employment earnings are automatically added and then divided in two for each year of your union. You can renounce partition using a judgment of divorce or notarial deed.

In the case of a de facto union, partition is not carried out automatically. Former spouses must file a joint application . To request partition, spouses must meet the three following requirements:

• You must have lived in a conjugal relationship for at least three years, or for at least one year if a child was born or is to be born of your union or if you adopted a child together.
• You must have been separated for at least 12 months.
• At the time of separation, the spouses cannot have been married to, or in a civil union with, another person.

Your earnings under the QPP could also be used to calculate a disability or surviving spouse's pension, based on your situation. If you are already receiving one, it will be adjusted. Before making a decision, you can request, free of charge, a simulation of the impact of partition on your employment earnings .

Workplace pension plans

If you were a member of your workplace pension plan, you can also request the partition of the benefits you accrued. Partition allows spouses to receive their fair share of the family patrimony. To do so, you must request your Statement of Benefits from the plan administrator as soon as possible after your separation. Partition is not carried out automatically. If you request partition, the pension you will receive in retirement will not be divided in two, but it could decrease because the amounts accrued under your plan will be partitioned.

LIRAs and LIFs

You can also request the partition of your retirement savings, such as a locked-in retirement account (LIRA), a life income fund (LIF), a registered retirement income fund (RRIF) or an annuity contract.

In any case, take the time to get all the information you need and consult your notary or attorney for guidance.

After your separation

Once you have taken all the necessary steps following your separation, review your budget and financial plan in retirement to adapt them to your new situation. Make sure you no longer have any joint debts after your separation. To do so, discuss the options available with the lender and your former spouse.

Review and update your will, protection mandate and the beneficiaries of your insurances. For example, if you were covered by your former spouse's drug prescription insurance, you must take out your employer's group insurance or insurance from the Régie de l'assurance maladie du Québec.

Do the inventory of the benefits you are receiving, such as allowances from the Québec and Canadian governments for families. If you receive Family Allowance, you must inform us of the custody time of your children and the change in your conjugal status. Consult the Steps to take for parents section.

Open new registered accounts, such as registered retirement savings plan (RRSP) and registered education savings plan (RESP), to more easily track the growth of your assets after your separation.

Other useful information

• Éducaloi: Couples 
• Éducaloi: Separation and divorce 
• Pension plans and partition