The following individuals may apply for a division of pension benefits *. These pension benefits must have accumulated during the period of cohabitation, while married or living together in a common-law relationship:
- Plan member
- Spouse or former spouse who has been living separate and apart from the plan member for at least one year. The couple may be separated for less than one year if the application for division is based on a Court Order pertaining to divorce, annulment or separation that stipulates the division of pension benefits between the two parties.
- Former common-law partner who has cohabitated with the plan member for at least one year and who has been living separate and apart for at least one year. As of December 2003, the option to request a division of pension benefits was extended to same-sex common-law partners.
- Representative of the plan member or a representative of the spouse or former spouse/common-law partner. This individual has to provide a certified true copy of the document that authorizes acting on behalf of the applicant.
* Pension benefits include any annuity, annual allowance, transfer value, pension transfer or return of contributions, but do not include survivors' allowances. Purchase of prior pensionable service will count in the division of pension benefits, as long as payments were made during the period subject to division.