Marriage Breakdown (Divorce) Post-2011 Rules

Post-2011 rules apply if your court order, family arbitration award or domestic contract was signed or executed on or after January 1, 2012.

A pension earned in a registered pension plan by a pension plan member during their marriage or common-law relationship is considered part of “family property” in the event that the member’s spousal relationship ends. There is no requirement to divide the pension - it’s up to you and your former spouse. As part of the decision-making process, you may be required to obtain a valuation of your pension benefits, which involves the following four steps: 

Step 1 – Apply for a Statement of Family Law Value (FLV)

Deciding whether or not to divide your pension assets is an important decision. To begin this decision-making process, you may be required to obtain a valuation of your pension benefits (known as a Family Law Valuation).
How to apply for a Statement of FLV

Step 2 – OMERS prepares a Statement of FLV

OMERS will prepare a Statement of FLV within 60 days of receiving a completed application. This document details the value of pension assets accrued during the relationship and the maximum amount that OMERS can be directed to pay your former spouse if your pension is divided.
More about the Statement of FLV

Step 3 – Make a decision on dividing the pension

Once you receive the Statement of Family Law Value from OMERS, you and your former spouse will need to decide if your OMERS pension will be divided.
More about making the decision

Step 4 – Apply for a transfer or division from the OMERS Plan (only if the member and former spouse decide to split the pension)

If you and your former spouse choose to divide your OMERS pension, your former spouse must apply for a transfer or division from the OMERS Plan.
How to apply for a transfer or division from the Plan

Important

OMERS cannot provide legal advice. We recommend that you consult a pensions and benefits lawyer or family law lawyer.

Review all of the information!

Submitting an incomplete application WILL significantly delay the process. Top 5 Reasons for Delays

FSCO Family Law Forms Reference Guide

FSCO Family Law Forms Reference Guide

Glossary of Terms

Glossary of Terms