Members - Changing Your Marital Status
What you need to know
New marital relationship:
- your new spouse is entitled to a 60% survivor pension for his or her lifetime
- the survivor pension is increased for inflation every January
- insured benefits in retirement apply to your spouse if you qualify for this provision
Breakdown of your marital relationship after January 1, 2012:
Contact OPTrust if your marital relationship breakdown occurred before January 1, 2012
- pensions are considered a family asset and subject to Family Law rules regarding division of assets
Division of assets
Only possible option is to transfer lump sum amount from your OPTrust pension to your former spouse’s locked-in retirement account or pension plan
- pension law limits the amount payable to a former spouse up to a maximum of 50% of the pension you earned during your spousal relationship
- for separation agreements, domestic contracts and court orders dated after January 1, 2012 OPTrust provides the valuation of your pension at no cost to you
- OPTrust will provide you and your former spouse with the valuation amount and the maximum amount payable to your former spouse
How to update your status
New spousal relationship
Marriage
- send OPTrust a copy of your:
- marriage certificate and Statement of Marital Status form
- spouse’s birth certificate
- notify OPTrust of if you are changing your surname
- update your beneficiaries
Common-law
- designate your common-law spouse as both your spouse and your beneficiary in the Pension Beneficiaries form
- send OPTrust:
- Statement of Marital Status form and proof of a three-year continuous common-law relationship
- copy of your spouse’s birth certificate
- update your beneficiaries
Spousal relationship breakdown:
- complete the Family Law forms (see the FORMS section)
- review your beneficiary information and update it as necessary, using the Pension Beneficiaries form
Estate Planning:
- Have you thought about who receives benefits when you die? Make sure to keep your beneficiary information current.
- If you have minor children, have you set up a trust? For more information see the Office of the Children's Lawyer website.
When to contact us
- any life changes – marriage, new common-law spouse, separation, divorce, death, new beneficiaries
- changes to contact information – address, phone number, e-mail address
Forms you need to complete
New Spouse
Marital Relationship Breakdown
PART 1: The application process
Member completes these forms:
- Application for Family Law Value - FSRA Family Law form 1
- Joint Declaration of Period of Spousal Relationship – FSRA Family Law form 2
PART 2: Determining the value – within 60 days OPTrust determines value sends both parties a copy of Statement of Family Law Value
PART 3: Decision re division of pension
Jointly completed by member and ex-spouse
- if no division, complete No Division of Family Law Value/Pension Assets or provide a certified copy of your court order or separation agreement stating the decision made regarding the division of the pension
- Division of pension – ex-spouse to complete Application to Transfer the Family Law Value
- applying to divide the pension - Family Law form 6
- provide certified copy of your court order or separation agreement stating the decision made regarding the division of the pension
- Pension Beneficiaries form
Additional forms to complete, if applicable
- Contact Person Authorization – FSRA Family Law form 3 (optional)
- Division of pension – Application to Transfer the Family Law Value – to be completed by your former spouse
Background material for more information
- How to prove your spousal relationship (fact sheet)
- Family Law and Your Pension (Post-2011 Rules) (fact sheet)
- Survivor benefits before retirement (fact sheet)
- Survivor benefits after retirement (fact sheet)
- Your OPTrust pension and planning for your loved ones (video)