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CPP

Learn about Canadian Pension Plan (CPP) Division, how CPP credit splitting works, and the option to waive your right to division.

Updated over 2 months ago

Understanding Canada Pension Plan (CPP) Division


Including CPP division in your Separation Agreement

When couples separate or divorce in Canada, one often-overlooked aspect of the settlement process is the division of Canada Pension Plan (CPP) credits. Understanding how this works and making informed decisions about your CPP entitlements can have significant financial implications for your retirement.

How CPP credit splitting works

CPP operates on a credit splitting mechanism designed to ensure fairness between separating spouses. During your marriage or common-law relationship, both partners accumulate CPP credits based on their employment earnings. Even if one spouse didn't contribute CPP credits during your relationship, the CPP credits of the other spouse can still be divided.

When the relationship ends, these credits earned during the time you were together are equalized between both spouses. The division process is administered by Service Canada through an application process. When working with Divii, the necessary clauses will be added to your Separation Agreement, which is then submitted to Service Canada with your application.

In summary:

Identify the Shared Period: The CPP contributions made by each spouse during the relationship are combined and then divided equally between them.

Impact on CPP Benefits: Each spouse's CPP benefits are recalculated based on the split, and if one spouse earned more during the relationship, the credit split may increase the other spouse’s benefits while reducing theirs.

When does the CPP credit split apply?

The credit split applies if the couple was married or in a common-law relationship, they lived together for at least 12 consecutive months or they have separated or divorced.

Your options for CPP division

When it comes to dividing CPP credits, you have two primary options:

Option 1: Split the credits (typical choice)

The most common approach is to split the CPP credits accumulated during your relationship. This option is generally the default choice because it provides fairness and accuracy, ensuring that both partners receive their equitable share of Canadian Pension Plan benefits earned during the relationship. Divii will include the appropriate clauses in your agreement to facilitate this division.

Option 2: Waive the right to division

Alternatively, you may choose to waive your right to divide CPP credits and simply keep your own. If you select this option, Divii will include specific clauses in your agreement to reflect this decision, and no additional paperwork is needed.

Why CPP credits matter more than you think

It's easy to underestimate the long-term value of CPP credits, especially when the monthly amounts seem modest. For example, a CPP benefit of $300 per month might not sound substantial at first glance. However, when you consider the duration of a typical retirement period—often 20 to 25 years—the numbers become much more significant.

Using our $300 monthly example: over a 25-year retirement, this amounts to $90,000 in total benefits. This represents a substantial sum that could make a meaningful difference in your retirement security.

How to Apply for a CPP Credit Split

  1. Submit an Application: Either spouse can apply for the credit split, and the application must be submitted to Service Canada.

  2. Provide Required Documents:

    • A copy of the separation agreement or divorce order.

    • Proof of the start and end dates of the relationship (e.g., marriage certificate, cohabitation agreement).

  3. Deadline: There is no time limit for applying if you were married. (Unless your spouse has passed away, then you must apply within 36 months of the date of death.) For common-law relationships, the application must be made within four years of separation.

Making an informed decision

Given the long-term financial implications, it's important not to dismiss CPP credit division as a minor detail in your Separation Agreement. Take the time to understand your CPP contributions during the relationship, consider your individual retirement circumstances, and make a decision that aligns with your long-term financial interests.

Whether you choose to split your CPP credits or waive the division, Divii will include the clauses necessary to reflect your decision.


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Important Disclaimer

Content and videos in The Divii Knowledge Centre provide general information about separation and divorce and is not and should not be considered legal advice. For guidance specific to your situation, it's important to consult with a qualified family lawyer in your area. It's always highly recommended to seek independent legal advice during your separation.


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