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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 06-23-2006, 09:13 PM
blue eyes blue eyes is offline
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Default divorce agreement then taking cpp

in the divorce /separation agreement it stated that neither party would apply for assets in pensions of any kind.
when the ex turned 60 applied to cpp for splitting . They advised they cannot change unless the applying party changes mind in 90 days.Is a divorce agreement not a legal document . CPP stated they wont get incolved in legal discussions. So by the time you get notification of the cpp splitting . get a lawyer to review all divorce documents. nothing is done and you payoff the ex and then more is taken. Can this still be fought and how do judges feel about this ... Anyone any idea
Old 06-23-2006, 09:43 PM
logicalvelocity logicalvelocity is offline
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blue eyes,

as per their website on the subject,

What if I gave up my rights to my former spouse's Canada Pension Plan credits in a spousal agreement?

Canada Pension Plan rules on spousal agreements changed on June 4, 1986.

Before June 4, 1986
If you signed an agreement before that date specifically giving up your right to split your Canada Pension Plan pension credits, then a credit split cannot be done. However, if it was a general agreement that did not mention Canada Pension Plan pension credits, you may still be entitled to some credits, if you were the lower income earner.

On or after June 4, 1986
If you signed an agreement on or after that date, even if it says you specifically gave up your right to split Canada Pension Plan pension credits, in most cases the Canada Pension Plan, as a third-party to the agreement, is not bound to its provisions and Canada Pension Plan can still split the pension credits.

There are exceptions: some provincial laws allow couples specifically to agree not to split Canada Pension Plan pension credits. Currently, this is the case in British Columbia, Alberta, Saskatchewan and Quebec. So if you signed such an agreement in one of those provinces, Canada Pension Plan might not be able to split the credits. For information contact Social Development Canada or, if you contributed to the Quebec Pension Plan, an office of La Régie des rentes du Québec.

10. Do we have to have our credits split?
Since January 1, 1987, once Canada Pension Plan has the necessary information about your legal divorce or annulment, your Canada Pension Plan pension credits must be split, unless there is a valid spousal or common-law union agreement signed in one of the provinces mentioned in question 9.

But, if you are separated or have left a common-law relationship, there may be a credit split only if you (or your former spouse or common-law partner) choose to apply for it. In these cases only (not in cases of divorce or annulment) the applicant can ask to withdraw the application within 60 days of being notified of the credit split.

It is apparent that the agreement cannot bind CPP, however the agreement I think can bind the individual party ie : EACH PARTY SHALL NOT APPLY for each other's CPP credits.

This is where the language is ever so important in separation agreements.

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