The subscriber(s) who opened the RESP typically maintain control, but this can be addressed in your separation agreement.

Under Canadian law, the subscriber who opened the RESP maintains legal control of the account after separation. If you have a joint RESP with both parents as subscribers, you’ll need to decide how to handle this in your separation agreement.

You have three main options: continue as joint subscribers with clear decision-making protocols, transfer subscriber rights to one parent with oversight provisions, or divide the RESP into separate accounts.

A Certified Divorce Financial Analyst (CDFA) can help structure an arrangement that protects your children’s educational funds while respecting both parents’ contributions