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Common-law spouses are not subject to the rules regarding family patrimony. Nevertheless, during the 12 months following a breakdown, ex-spouses may establish a written agreement respecting partition of the pension plan.

How to find out the value of benefits accrued in the pension plan

Plan members, their ex-spouses, or their legal representatives must submit a written request by filling out the form Application for statement or partition of accrued benefits (for common-law spouses) and sending it to the Commission de la construction du Québec (CCQ) accompanied by the required documents. A statement of the benefits accrued in the plan is sent within 60 days following receipt of the completed application.

How to apply for execution of partition of the pension plan

Following the marital breakdown, once an agreement on partition is concluded between the ex-common-law spouses or when a judgment respecting partition comes into effect, an application for partition must be sent in writing to the CCQ by filling out the form Application for statement or partition of accrued benefits (for common-law spouses) and attaching the required documents.

The partition may be requested by the plan member, his or her ex-spouse, or their legal representatives.

For more details on the content required in an agreement, the deadlines, and the applicable terms of payment, please consult our brochure on the subject.

Fee for an application for statement or partition

The CCQ does not charge any fee for issuing a statement or for execution of a partition.

Reinstatement of the retiree’s pension

If, at the time of retirement, the retiree chose a pension with a 60% survivor benefit and the spouse has lost the right to this benefit following the breakdown, the retiree’s pension may be reinstated with the option of a pension with a 50% survivor benefit or with no survivor benefit, as applicable.

To find out more

Read our brochure Partition of pension plan benefits in the event of marital breakdown.

Following the breakdown of a marriage or civil union, the benefits accrued by a participant in the construction industry pension plan may be divided with his or her ex-spouse in compliance with the rules respecting the division of family assets in the province of Québec.

How to find out the value of the accrued benefits in the pension plan

The plan participant, the participant’s spouse, or their legal representatives must submit a written request by filling out the form Application for Statement or Partition of Accrued Benefits (for married spouses or in a civil union) and sending it to the Commission de la construction du Québec (CCQ), accompanied by the required documents. A statement of the benefits accrued in the plan is sent within 60 days of receipt of the completed application.

How to apply for execution of the partition of the pension plan

Partition of the pension plan does not take place automatically. When the judgment ordering it comes into effect, an application for partition must be sent in writing to the CCQ by filling out the form Application for Statement or Partition of Accrued Benefits (for married spouses or in a civil union) and attaching the required documents.

The participant, his or her ex-spouse, or their legal representatives may apply for the partition.

In the case of dissolution or annulment of a civil union by notarial act, the partition must be applied for once an agreement to this effect is concluded.

For more details on the deadlines and terms of payment applicable, please consult our brochure on the subject.

Fee for an application for statement or partition

The CCQ does not charge any fee for issuing a statement or for execution of a partition.

Reinstatement of the retiree’s pension

If, at the time of retirement, the retiree chose a pension with a 60% survivor benefit and the spouse has lost the right to this benefit following the breakdown, the retiree’s pension may be reinstated with the option of a pension with a 50% survivor benefit or with no survivor benefit, as applicable.

To find out more

Consult our brochure Partition of Pension Plan Benefits in the event of marital breakdown.

Can the benefits in the pension plan and the amounts paid out from the plan be seized?

General rule

• The credits accumulated in the pension plan cannot be seized.
• All amounts paid out from pension plan – for example, pensions or refunds – cannot be seized.

Certain exceptions

• Half of the member's benefits in the pension plan or of the non locked-in amounts paid out by the plan (lump-sum benefits) may be seized to pay a compensatory allowance, or for non-payment of support (for example, if support payments are in arrears).
• The Canada Revenue Agency (CRA) may seize monthly pensions or lump-sum benefits paid from the pension plan for payment of taxes owed.

Note: Amounts in the pension plan may be divided as family assets.