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Ginette wonders if she can claim survivor benefits although she and her late former husband were no longer together.
Q. My ex-husband died a month ago. Am I allowed any amount of his CPP or his military pension, although we were divorced?
–Ginette
A. I am sorry for your loss, Ginette. As you may already know, the end of a marriage or common-law relationship doesn’t automatically sever all ties between partners.
Canada Pension Plan (CPP) contributions made while common-law or married spouses were living together can be divided upon separation or divorce. This is called CPP credit splitting, and it may result in a spouse who made lower contributions to CPP receiving a higher retirement pension in the future.
The CPP pays a survivor’s pension upon the death of a CPP contributor. To be eligible, the survivor must have been legally married to the deceased or have been their common-law partner. A legal spouse who is separated may qualify for the benefit; however, a divorced ex-spouse is not entitled to a survivor’s pension. As a result, Ginette, you will not have any CPP survivor’s pension entitlement.
Before addressing the military pension question, I want to offer some context for other readers.
When a couple separates or divorces, a division of property generally takes place to equalize the spouses. That property division may include a pension plan. A non-pensioner spouse may be entitled to up to half of the pension earned during the relationship but may agree to receiving a larger share of other assets instead of a share of the pension.
If the pension is a defined contribution (DC) pension comprised of mutual funds, the division is relatively easy. The appropriate dollar amount can be transferred to a locked-in Registered Retirement Savings Plan (RRSP) for the recipient spouse on a tax-deferred basis.
If the pension is a defined benefit (DB) pension with future monthly payments the pensioner has not yet started to receive, the pension needs to be valued. An actuarial calculation is done to determine the present value of the future pension benefit that has been earned. A portion of the pension value may be transferred to a locked-in RRSP for the non-pensioner spouse, though some may be considered a taxable payment to them. If the non-pensioner spouse is in a pension plan with their own employer, they may be eligible to transfer their share to that plan to increase their future benefits.
If the pensioner has already started to receive their pension, the non-pensioner spouse may be entitled to a portion of the monthly payment. Interestingly, if there was a survivor benefit at the time the pension began, the non-pensioner spouse’s pension income could increase upon their ex-spouse’s death. As an example, imagine a pension of $1,000 per month that was divided 50/50 upon divorce and after retirement. The spouses would each receive $500 per month. If the pension had a 60% survivor benefit, on the death of the pensioner, their ex-spouse could see an increase in their pension to $600 per month.
Anyone separating or divorcing should seek legal advice from a family lawyer about the division of pension and other assets.
In your case, Ginette, it sounds like you and your ex-husband divorced and divided your assets. Presumably, you have already received any pension entitlement as part of your share of the property division. If you were in receipt of a monthly pension that began before your divorce, you may be entitled to a survivor benefit. However, there are generally no survivor benefits to ex-spouses for pensions that begin after divorce.
It is possible you were still listed as the beneficiary of your ex-husband’s pension. There could be cases where benefits are payable to a beneficiary (a pension with a guaranteed number of months of payments, for example) that could include an ex-spouse. It may be complicated if your ex-husband had remarried or was in a common-law relationship at the time of his death.
If your ex-husband’s military pension was being paid by Veterans Affairs Canada, you may be entitled to a pension. The Pension Act’s policy for separated spouses, former spouses and former common-law partners’ eligibility to receive a pension includes the following:
“In accordance with subsection 47(1) of the Pension Act, a separated spouse, former spouse, or former common-law partner may be eligible to receive a pension if there was a separation, judicial separation, or divorce pursuant to a written agreement, including a court order, where alimony, maintenance, support or an allowance was awarded.”
If you and your ex-husband were financially independent, divorced prior to his beginning to receive pension benefits, and he was not paying or providing support to you, it is unlikely you are entitled to anything, Ginette. To be sure, I would encourage you to contact the pension administrator for advice specific to his pension.
Jason Heath is a fee-only, advice-only Certified Financial Planner (CFP) at Objective Financial Partners Inc. in Toronto. He does not sell any financial products whatsoever.
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I am divorced, not retired yet, but have a slit cpp (QPP) pension with my ex spouse. If my ex spouse passes away am I still able to collect the split pension?
As well, who can I talk to, to receive more information about what I am entitled to? Some areas are unclear. I’d like a clear idea of what I’ll be receiving when I retire at 65.
Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with a qualified advisor.
My ex husband & I split CPP benefits when divorcing, which is creased my pension considerably. Now he has died, does my pension decrease?
Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with a qualified advisor.
Happy to see this question asked. I had just recently asked my Company pension advisor a question regarding being single and what happens to my pension when I die.
I was told unless I purchase a guaranteed option (adding a benefactor) my pension would cease.
Here’s a very interesting part for those that are married or divorced after retirement. I was told after you retire and get divorced, that person will remain as your benefactor. That the calculations have already been done and no changes can occur.
You cannot change your benefactor after divorce or even if you remarry you cannot add someone on as your benefactor. Perhaps if lawyers get involved maybe this changes? But this is what was told to me just two days ago.
Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with a qualified advisor.
My last comment was in regards to a defined contribution pension plan.
I feel so bad for all husband that I have to pay spouse support indefinitely. Even when he is retired and she was able to work to become financially independent for so many years. But why someone would want to work when someone give them money indefinitely because they agreed that the marriage wasn’t working anymore? Marriage don’t work but the wallet is perfect tho! Has women we want to be treated as equal to men, but when it come to divorce so many women become abusif on the privilege. I truly hope this law will change for men that work all there life to support children and wife. Spouse support should end at the same time that child support end. Spouse support is needed to help the spouse to comeback on your your feet, to become independent in life. Not a sentence.
I am divorced and have been since 2009. I never asked or received split CPP benefits from my exhusband. If he dies would I qualify for any benefits.
Hello, i have a question? i am terminaly il with MBC that currently has spread to my cervical spine,and my right femur,
i am a single 55 year old woman who was once married for 28 years, and now legally divorced for 6 yrs. 4 months after my divorce my husband remarried.my question is would he be entitled to any survivor benefits?
I am a CPP and OAS recipient, a legal non-resident of Canada living permanently in Mexico. My pensions are deposited directly to my Mexican bank monthly. I am currently single but considering marrying a Mexican woman. Upon my demise, would my Mexican spouse, over age 65, have any entitlement to any portion of my CPP pension? I receive a full pension, discounted for taking it at age 60. I am presently age 72.
Any appropriate comments appreciated.
Thank you for the question. We invite you to email it to [email protected], where it will be considered for future MoneySense articles.
My ex husband and I divorced and the CPP benefits were split. He passed away so would I get a larger part of his CPP?
My ex husband passed December 16 2020 and I tried to get his cpp in 2021 December which was nothing but they r doing a split that I tried to cancel can I get some advice on what to do
Thank you for the question. We invite you to email it to [email protected], where it will be considered for future articles.
Hi there.
I am wondering about a very confusing situation. My Grandma and Grandpa have been together and living together for over 10 years. However, my Grandpa never divorced his first wife, who he has been separated from for over 20 years. I am wondering which person is entitled to benefits? Thank you
Thank you for the question. We invite you to email it to [email protected], where it will be considered for future articles.
If you get divorced and your wife gets some of your CPP and then she dies, can you get that pension back.
My ex husband died a few weeks ago and I was wondering if I would qualify for part of his pension ? Who do I call to ask ? A lawyer or do I apply for pension?
I was married 20 years and he remarried 10 years ago.
Hi I have been divorced from my husband for 25 yrs He never remarried. I did not take any of his cpp as he didn’t have a work pension so I agree not to touch it He recently passed away and I am wondering if I am entitled to his cpp now ?
My ex spouse of 28 years passed away 2023 he was receiving disability benefits from veterans affairs I was receiving spousal support court order since he passed I have lost my spousal support is there a pension I can receive?
Thank you for the question. We invite you to email it to [email protected], where it will be considered for future articles.
I left my husband 26 years ago never divorced he just passed away . I would like to know If I am in titiled to his cpp or is it go to my adult kids .
Hello,
My husband and I live separately but still have a joint bank account and manage life as if still married, as much as possible.
He has a personality disorder that makes it impossible to live together.
He is 81 years old, and the inevitable will happen sooner or later.
My question is, do I have the legal right to receive the survivor’s pension at the time of his death?
My husband and I were never legally separated. He has passed away in the last 4 to 6 months. I am on a disability old age pension. I am wondering if I am Entitled to a survivors allowance