Can my spouse claim part of my RRSP beneficiary designation after separation in Ontario?

This is a nuanced area where estate law and family law overlap. In Ontario, if you separate from your spouse, they may have family law rights to a portion of your RRSP through the equalization process under the Family Law Act, even if you have updated (or not updated) your beneficiary designation.

On separation, Ontario married spouses have a right to equalize net family property. RRSPs are included in property calculations, and your spouse's equalization claim could result in a portion of your RRSP being owed to them as part of the settlement — regardless of what your beneficiary designation says.

On death during or after separation (but before divorce is finalized), the situation is complicated. If you die before a divorce or before the family law matter is settled, your former spouse may have a dependant's support claim, an equalization claim, or both — which could affect how estate and registered account proceeds are ultimately distributed.

After a final divorce, the former spouse's equalization and support rights are settled by agreement or court order, and the situation becomes cleaner — though the beneficiary designation itself may still name the former spouse if not updated.

Given the overlap between family law and estate law on separation, both an estate lawyer and a family lawyer should be involved.