Living as a couple

3 types of unions are recognized under the RREGOP and the PPMP:

1. Marriage
2. Civil union
3. De facto union

The spouse of a member or beneficiary of a public-sector pension plan could be entitled, depending on the type of union, to:

• The partition of the family patrimony after a divorce, legal separation, annulment of marriage or dissolution of a civil union
• The partition of benefits accrued under the pension plan when de facto spouses stop living together
• A surviving spouse's benefit in the event of death

Marriage

Marriage is the lawful union between two people under the conditions provided for by law for the purpose of living together.

There are 2 different types of marriages:

• Religious marriage
  Marriage approved and celebrated in accordance with the religious beliefs recognized by a country or the State. In Québec, religious marriage refers to a civil marriage, which meets certain requirements under the Civil Code of Québec. It is celebrated during a religious ceremony.
• Civil marriage
  Nonreligious marriage approved and celebrated by a civil authority. The vast majority of marriages celebrated in Québec are recognized everywhere.

The recognition of a marriage is immediate. This type of union gives entitlement to partition of the family patrimony, particularly in the event of divorce or legal separation, as well as a survivors' benefit in the event of death.

Civil union

A civil union is a legitimate union between two people who decide to officially live together without entering into a civil or religious marriage. Once the civil union has been celebrated, the Directeur de l'état civil issues an act of civil union, which is the official document attesting to the union. When it came into force on 24 June 2002, the Act instituting civil unions allowed the union of two persons of the same sex or different sex.

Civil unions are only recognised in Québec. Since the federal government does not recognize civil unions, persons must qualify as de facto spouses (or common-law partners) within the meaning of the Income Tax Act (Canada) and meet at least one of the following conditions. They must:

• have been living together in a conjugal relationship for at least 12 continuous months
• be parents of a child by birth or adoption
• have custody and control of his or her spouse's child (or had custody and control immediately before the child turned 19 years of age); the child must be wholly dependent on him or her for support.

If the persons qualify as spouses, they are covered by the provisions of the RREGOP and the PPMP relating to partition of the family patrimony and survivors' benefits

De facto union

A de facto (common-law) union is when two persons have been living together for a certain time and are united by particular emotional and economic ties. When this type of union is recognized, it gives entitlement to the partition of benefits accrued under a public-sector pension plan in the event the union breaks down. De facto union also gives entitlement to surviving spouse's benefits in the event of death.

To be considered valid, the de facto (common-law) union must respect the conditions relating to:

• the legal definition of spouse
• the spouses' civil status
• the existence of a conjugal relationship
• the length of the conjugal relationship

To be considered de facto spouses under RREGOP or the PPMP, the spouses must present themselves publicly as spouses and live in a conjugal relationship, i.e. they and must prove they were in a conjugal relationship for:

• at least 3 years preceding the date on which they stopped living together or the death of the member or beneficiary OR
• The year preceding the date on which they stopped living together or the death of the member or beneficiary if, during the union:
  • a child has been or is to be born of the union;
  • the spouse has adopted the other spouse's child;
  • the spouses adopted a child together.

For more information

Whether they are married, or in a civil or de facto (common-law) union, it is important for those affected to know how a breakdown of their union or death could affect their benefits under a public-sector pension plan.

If you were married or united in a civil union

Benefits accrued in a pension plan during marriage or civil union are part of the family patrimony. The value of those benefits can therefore be partitioned in the event of legal separation, divorce, annulment of marriage, payment of a compensatory allowance, dissolution or annulment of civil union.

If you would like us to determine the value of your benefits, you can file an Application for a Statement of Benefits – Married or Civilly United Spouses  (form RSP-388A). If the value of those benefits is partitioned, we will transfer to your spouse the sum allocated to him or her once we have received an Application for Payment of the Value of Accrued Benefits Under a Public-Sector Pension Plan  (form RSP 389A) Then, we will determine the pension reduction due to partition. When you retire, your pension will be reduced accordingly.

If you were de facto spouses

Since 1 January 2019, benefits accrued under a public-sector pension plan can be partitioned if the de facto union is recognized and the spouses agree in a joint sworn declaration or a written agreement signed by the spouses before a notary or lawyer.

The value of the benefits allocated to the spouse cannot exceed 50% of the value of the benefits accrued during the entire time of membership. If the value of benefits accrued under your pension plan is partitioned with your spouse, this will reduce the amount of the pension benefit you will receive later on.

If you would like us to determine the value of your benefits accrued under a public-sector pension plan, you can file an Application for a Statement of Benefits – De Facto Spouses  (form RSP-387A).

If you wish to partition the accrued benefits, Retraite Québec will transfer to your spouse the amount agreed upon by you and your spouse once it has received an Application for Payment of the Value of Accrued Benefits Under a Public-Sector Pension Plan  (form RSP-389A) and all the necessary documents. Then, we will determine the pension reduction due to partition, and your pension will be reduced accordingly, as of the date the benefits are paid.

For more information about the partition of benefits accrued under a public-sector pension plan, see the following:

• Separation
• In the Event of the Breakdown of Your Union  (brochure)
• Types of union recognized under RREGOP and the PPMP