The Canada Pension Plan (CPP) contributions that you and your spouse made during your relationship can be equally divided after a divorce or separation. This is called credit splitting. If one spouse earned significantly more during the relationship, it will be advantageous for the other spouse to equalize their pensions.

Credits can be divided even if one spouse did not make contributions to the CPP. Credit splitting may help you qualify for benefits and can affect the amount of any current or future benefits under the CPP program for both you and your former spouse or common-law partner.

Period of Eligibility

The period of eligibility may commence on the date of cohabitation (the date you and your spouse began living together in a marriage-like relationship) or your date of marriage. The division of CPP credits ends in December of the year prior to your date of separation. (See What is my Date of Cohabitation and Date of Separation?)

Eligibility for CPP credit splitting varies depending on when you divorced or separated, and whether you were married or living in a common-law relationship. You are not permitted to credit split when:

• the total pensionable earnings of the spouses, former spouses or former common-law partners, in a year, was not more than twice the Year’s Basic Exemption
• the period of time is before 1 of the spouses, former spouses, or former common-law partners reached age 18
• the period of time is after a spouse, former spouse or former common-law partner reached age 70
• the period of time that 1 of the spouses, former spouses, or former common-law partners was a beneficiary of a retirement pension under the CPP or Quebec Pension Plan (QPP), or
• the period of time that 1 of the spouses, former spouses, or former common-law partners was considered to be disabled for the purpose of the CPP or QPP disability benefit.

Basic Eligibility Requirements:

If your marriage ended in divorce or annulment on or after January 1, 1987, you may qualify for a credit split if:

• you lived with your former spouse for at least 12 consecutive months, and
• you or your former spouse notifies Service Canada and provides the necessary information (there is no time limit)

(A) Common Law

If your common-law union ended on or after January 1, 1987, you may qualify for a credit split if:

• you lived with your former common-law partner for at least 12 consecutive months
• you have been living apart for at least 12 consecutive months (except in the case where your former common-law partner died during this period, in which case you may still qualify), and
• you or your former common-law partner applies in writing and sends us the necessary documents within 48 months of the date you began living apart (unless your former common-law spouse is still alive and agrees in writing to waive the 48-month time limit)

Common-law unions were not recognized for the purposes of credit splitting prior to January 1, 1987.

(B) Married

If you are still married and your separation occurred on or after January 1, 1987, you may qualify for a credit split if:

• you lived with your spouse for at least 12 consecutive months
• you have been living apart for at least 12 consecutive months, and
• you or your spouse applies in writing and sends us the necessary documents

Note: Deadline to apply

There is no time limit to apply, unless your spouse dies, in which case you must apply within 36 months of the date of death.

How much will you receive?

The impact of a credit split can vary considerably, depending on your circumstances. In some cases, a credit split can have a major impact on future CPP benefit amounts. A family lawyer can provide advice about whether or not a credit split is likely to be advantageous or disadvantageous for you, but family lawyers are not possible to provide you with an accurate estimate of how much you will benefit (or lose) due to a credit split.

In other cases, the impact of a credit split may be small. For instance, there are features of the CPP that protect your benefits from being reduced if you have some low earning years. These features are called the general drop-out provision and the child-rearing provision. If the time that you and your spouse or common-law partner cohabited overlaps with 1 of your “drop-out” periods, then there may be very little impact from the credit split. But the “drop-out” period would still work to your advantage.

The division of the CPP credits that you or your spouse or common-law partner accumulated during the time you lived together can only take place after a divorce, legal annulment, separation from a legal marriage or common-law union.

You should apply for a credit split and submit the required documentation as soon as possible.

Either you or your former spouse or common-law partner can request the CPP credit split. A representative (such as a lawyer) may act on a client’s behalf in person, by mail or by phone, but not online. In the case of a separation, the signature of 1 of the spouses or common-law partners is required.

Rights of former spouses or common-law partners

<section>The information you give us (for example, the length of time you lived together) affects the credit split. That information will therefore be provided to your former spouse or common-law partner. Both you and your former spouse or common-law partner have the right to challenge the information and to appeal any decision about a division of credits.

Applying for credit splitting if you have remarried or are living in a new common-law relationship

You can still ask for CPP credits to be split with your former spouse or common-law partner, even if you have remarried or are living in a new common-law relationship.

How to Apply:

Apply online

To apply for a CPP split online:

• sign in to your MSCA and complete the online CPP Credit Split form, and
• mail certified true copies of the required documentation or drop them off at a Service Canada office

Apply using a paper application

To apply for your benefit using a paper application:

• complete the CPP Credit Split form (ISP1901)
• include certified true copies of the required documentation, and
• mail the form or drop it off at a Service Canada office

If you disagree with their decision, you can request a reconsideration of any decision that affects your eligibility or the amount of your Canada Pension Plan benefit.