In Ontario, pension benefits accumulated during marriage must be divided equally between spouses during divorce

Under Ontario’s Family Law Act, pensions are considered family property and must be shared as part of the divorce settlement. The portion of the pension earned during the marriage period (from the date of marriage until separation) is subject to an equal division between spouses.

  • The pension’s commuted value must be professionally calculated
  • Spouses can choose between an immediate pension split or a pension value offset against other assets
  • Special rules apply to different types of pensions (defined benefit, defined contribution, government pensions)
  • Both parties should seek professional financial advice to understand their pension division options