Can an ex-spouse obtain partition of a pension administered under federal law (e.g., RCMP, Armed Forces)?
In Québec, federal pension plans—such as those for the RCMP, the Canadian Armed Forces, or the federal public service—can be divided upon divorce or separation under the Pension Benefits Division Act (S.C. 1992, c. 46). Although these plans are not governed by Québec’s Supplemental Pension Plans Act, their value accumulated during marriage still forms part of the family patrimony under C.c.Q. arts. 415–418 and 422. The spouse seeking division must apply directly to the federal pension authority, usually with a certified copy of the divorce judgment and an agreement or court order specifying the percentage or amount to be transferred.
C.c.Q. art. 415–418, 422; Pension Benefits Division Act (S.C. 1992, c. 46); Divorce Act, s. 15.2