Either you or your former spouse or common-law partner can request the CPP credit split.A representative (such as a lawyer) can also make the request on your behalf.The date when you commenced living separate and apart is your “date of separation”.This is important to know if you plan on later divorcing, as couples must be separated at least one year before they are able to divorce.You must no longer perform any functions normally expected of a married couple such as eating and socializing together.This includes having separate bedrooms and not having sexual relations.Under these laws, there are no forms to fill out, nor is there any necessity to get lawyers or the courts involved, in order for a married or common-law couple to become separated. As referenced above, separation in BC involves two components: a physical separation and the recognition by one of the parties that the relationship is at an end. Physical separation is often easiest to pin down to a specific date as it is often when one of the party’s vacates the shared residence at the time of separation.However, for various reasons (most commonly economic necessity), one party immediately leaving the residence upon separation is not always an option.
One of the most common factors considered in determining whether parties are separated under the same roof is whether the parties occupy separate bedrooms.Unfortunately, the parties may not agree about when the “intention” was conveyed to the other and this can result in parties disagreeing about the date of separation.Typically this “intention” is communicated verbally and as such, when the parties disagree on the date, there may be little to no evidence to support their position.The Canada Pension Plan (CPP) contributions you and your spouse or common-law partner made during the time you lived together can be equally divided after a divorce or separation. Credits can be divided even if one spouse or common-law partner 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.ISBN 978-1-4435-9606-0 This publication was made possible with funding from the Department of Justice Canada’s Child Centred Family Justice Fund. November 2012 This booklet is about family law in Ontario.