What could happen to your pension benefit if your spousal relationship ends?

If your spousal relationship ends, your spouse may become entitled to a portion of your pension accrued during your marriage as part of the equalization process under the Family Law Act. If you enter into a domestic contract or are a party to a court order requiring a split of your pension, you must file a certified copy with OPTrust. This document must clearly identify how the pension is to be split.

Pension law will not permit the payment of more than 50% of the pension benefit earned during the period of the spousal relationship to be paid to your former spouse for the equalization of family property.

Before retirement

If your marriage ends before you retire, your spouse will be able to receive the pension benefit payments when you retire or terminate from the Plan in accordance with the domestic contract or court order, and subject to the 50% rule.

If you die

If you die before your pension begins, your spouse may be eligible for a portion of the death benefit payable under the Plan, depending on the terms of the domestic contract or court order, and subject to the 50% rule.