Pensions earned during marriage are typically divided, but arrangements can be made to keep them intact

In Canadian family law, pension and retirement benefits are considered matrimonial assets subject to division when earned during the marriage. However, there are several options for handling pension division:

  • The portion earned before marriage typically remains with the pension holder
  • Only the value accumulated during the marriage is subject to division
  • You may negotiate a pension offset arrangement where you keep your pension in exchange for other assets of equal value
  • Some pension plans offer direct division options through the plan administrator

Working with a qualified family law professional can help determine the most advantageous way to handle pension division while ensuring a fair settlement for both parties.