While legally possible, withdrawing RESP funds during separation is rarely advisable as it reduces your child’s education fund and may trigger penalties.

Although you may technically be able to withdraw your contributions, doing so can trigger repayment of government grants like the Canada Education Savings Grant (CESG) and create tax consequences. A better approach is to include the value of your RESP contributions in your overall asset division calculations.

Your separation agreement can include provisions to protect your financial interest in the RESP without actual withdrawal. Remember that courts generally view RESPs as being held in trust for the child’s education, as established in recent legal precedents.