If you separate or divorce
If you’re navigating a separation or divorce, we encourage you to consult a lawyer who is well-versed in family law. They can guide you through the process and explain the implications for family assets, property, and taxes.
While the steps we’ve outlined are designed to help you better understand how this event may impact your TPP pension, the details provided are not exhaustive. Please call us if you want to know more, noting that we cannot provide you with financial or legal advice.
Division of assets and your TPP pension
The value of the pension you earned while married or cohabitating may be included, by law, as part of the total value of family assets when your relationship ends. Generally, this means that the value of your pension is considered when dividing the family assets.
However, it does not mean that your pension benefits must be divided as part of the final division of assets. You may agree to allocate other assets to balance the overall division of family assets, leaving your pension unaffected.
Contact us to
- Request information about spousal entitlements when you separate or divorce.
- Understand the process and timing related to the division of your TPP pension benefit, including the official documents and information you must provide if it’s been determined that you must divide your TPP pension.
Division of assets and your TPP pension
The value of the pension you earned while married or cohabitating may be included, by law, as part of the total value of family assets when your relationship ends. Generally, this means that the value of your pension is considered when dividing the family assets.
However, it does not mean that your pension benefits must be divided as part of the final division of assets. You may agree to allocate other assets to balance the overall division of family assets, leaving your pension unaffected.
Contact us to
- Request information about spousal entitlements when you separate or divorce.
- Understand the process and timing related to the division of your TPP pension benefit, including the official documents and information you must provide if it’s been determined that you must divide your TPP pension.
Request a calculation of your pension benefits
Since pension estimates used to value assets when you separate or divorce are different from the calculations provided in myPENSION to help you plan for retirement, you may need to request a calculation from the TPP.
The calculation to determine the value of your pension for the period of your marriage or while you were cohabitating will be completed according to pension legislation.
Contact us to
- Request the value of your TPP pension benefits at the current date. Your lawyer needs this information to help determine the spousal entitlement.
- In general, you’ll need:
- The date of your marriage or the date you and your partner met the definition of cohabitating partner; and
- Your separation date.
- The date of your marriage or the date you and your partner met the definition of cohabitating partner; and
Deciding to divide your pension
Contact us once decisions have been made. If your pension will be divided as part of your separation or divorce settlement, you must:
- Complete Marriage Breakdown — Notice of Intention, ensuring you have completed all parts of the form, and provided the required official documentation — either a notarized copy of the official Court Order or Separation Agreement, within which the following details are included and referenced:
- The date of your marriage or the date you and your partner met the definition of cohabitating partner.
- Date of separation.
- A reference to Section 17 of the Newfoundland and Labrador Teachers’ Pension Plan Text.
- The “P” percentage of the pension benefit determined to be credited to your former spouse or co-habitating partner, per Section 17.5 of the Newfoundland and Labrador Teachers’ Pension Plan Text.
- The date of your marriage or the date you and your partner met the definition of cohabitating partner.
- The division of assets will only be processed once all required documentation has been received in good order.
Update your beneficiary designations
If you had named your former spouse or co-habitating partner as your beneficiary, you may want to update your beneficiary designation (removing your former spouse) once your separation or divorce is final.
If you do not update your beneficiary information, your former spouse or co-habitating partner may still be entitled to receive your TPP pension benefits if you pass away.
If you’re already retired, please contact us if your relationship changes, as pensioners sometimes have additional complexities associated with this change.