answer like a pro
“We’re getting divorced — I don’t want my ex to touch my RRSPs.”
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“I’m getting divorced there’s no way my ex is touching my RRSPs.” Here’s how to respond clearly.
Divorce and RRSPs: what the law says about division
When a couple separates, the question of dividing assets quickly becomes a source of stress and tension. One of the most commonly misunderstood points concerns Registered Retirement Savings Plans (RRSPs). Many people believe their RRSPs are “protected” from division because they are in their name or because they were accumulated individually. However, in most cases, this belief is false particularly in the context of a marriage.
1. RRSPs are part of the family patrimony
In Quebec, when two married people get divorced, the Civil Code provides for the division of the *family patrimony*. This patrimony includes several elements: the family residence, the furniture that furnishes it, the vehicles used by the family… and the rights accumulated in retirement plans, including RRSPs.
No matter whose name the RRSP is registered under, if it was accumulated during the marriage, it is generally considered property to be divided equally. This means that one spouse may have to pay the other half of the net value accumulated during the marriage. This principle applies even if only one person contributed to the RRSPs or if the funds came from that person’s personal income.
2. Possible but limited exclusions
There are, however, some important exceptions. For example, contributions made before the marriage can, in some cases, be excluded from the calculation of the family patrimony. But be careful: you must be able to clearly prove the value of your RRSPs at the date of marriage, with precise statements.
In addition, if you signed a marriage contract providing for the separation of property, that does not necessarily exempt you from the division of the family patrimony. The family patrimony is a legal entity separate from the matrimonial regime. Even with a marriage contract stipulating separation of property, RRSPs accumulated during the marriage may still be subject to division.
