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Breakdown of common-law partnership

Common-law spouses are not subject to the rules regarding family patrimony. Nevertheless, during the 12 months following a breakdown, ex-spouses may establish a written agreement respecting partition of the pension plan.

How to find out the value of benefits accrued in the pension plan

Plan members, their ex-spouses, or their legal representatives must submit a written request by filling out the form Application for statement or partition of accrued benefits (for common-law spouses) and sending it to the Commission de la construction du Québec (CCQ) accompanied by the required documents. A statement of the benefits accrued in the plan is sent within 60 days following receipt of the completed application.

How to apply for execution of partition of the pension plan

Following the marital breakdown, once an agreement on partition is concluded between the ex-common-law spouses or when a judgment respecting partition comes into effect, an application for partition must be sent in writing to the CCQ by filling out the form Application for statement or partition of accrued benefits (for common-law spouses) and attaching the required documents.

The partition may be requested by the plan member, his or her ex-spouse, or their legal representatives.

For more details on the content required in an agreement, the deadlines, and the applicable terms of payment, please consult our brochure on the subject.

Fee for an application for statement or partition

The CCQ does not charge any fee for issuing a statement or for execution of a partition.

Reinstatement of the retiree’s pension

If, at the time of retirement, the retiree chose a pension with a 60% survivor benefit and the spouse has lost the right to this benefit following the breakdown, the retiree’s pension may be reinstated with the option of a pension with a 50% survivor benefit or with no survivor benefit, as applicable.

To find out more

Read our brochure Partition of pension plan benefits in the event of marital breakdown.