- CPP credit splitting is available to separated or divorced spouses and former common-law partners who meet the 12-month tests.
- Only credits earned during the time you lived together are divided, and the split is permanent.
- Time limits can apply for common-law unions or if a former partner dies.
- CPP credits are not part of equalization; they are dealt with by credit splitting instead.
If you have separated, you may have heard that you can share Canada Pension Plan credits with your former partner. This can matter most where one person earned much more than the other, or stayed home for years.
This article explains in plain language who can split CPP credits, what is and is not divided, how to apply, and how it differs from dividing a workplace pension. A lawyer can confirm how the rules apply to your agreement or order.
What CPP credit splitting is
The Canada Pension Plan records pensionable earnings, often called credits. Under the Act, those credits (unadjusted pensionable earnings) can be divided on application after a divorce or nullity, or after spouses or common-law partners have lived separate and apart for one year or more. The persons must have cohabited for a continuous period of at least one year.
Either spouse or former common-law partner can request the split. The aim is to share the pension credits built up while you lived together, so each person's own record reflects that shared period.
Who is eligible
For separated spouses who are still legally married, the split is available for separations on or after January 1, 1987, where you lived together at least 12 consecutive months and lived apart at least 12 consecutive months. Common-law unions that ended on or after January 1, 1987 follow the same 12-month tests, with some exceptions.
A new partner or a remarriage does not prevent you from applying.
- You lived together for at least 12 consecutive months.
- You have lived apart for at least 12 consecutive months, or you are divorced.
- Your separation, divorce or common-law breakup is on or after January 1, 1987.
- Either you or your former partner can make the request.
What is not split
Not every period is divided. Credits are not split for periods before either person turned 18, after either turned 70, while either received a CPP or QPP retirement pension or was considered disabled, or for a year when both spouses' combined pensionable earnings were not more than twice the Year's Basic Exemption.
Only credits earned during the cohabitation period are divided, and the split is permanent.
One consequence to be aware of: a separated legal spouse who received an approved credit split in January 2025 or later, with the same deceased contributor, is not eligible for a survivor's pension, unless they reunited and lived together 12 months or more immediately before the death.
How to apply and the time limits
You can apply through My Service Canada Account by completing the online CPP Credit Split form and then mailing copies of the required documents, or you can apply on paper with form ISP1901. For a separation, one spouse's signature is required.
| Situation | Time limit |
|---|---|
| Divorce on or after 1987, or separation of spouses | No time limit, unless the spouse dies, then 36 months from the death |
| Common-law union | Within 48 months of starting to live apart, unless the former partner is alive and agrees in writing to waive the limit |
The Act similarly sets a four-year window for separated common-law partners, unless both agree in writing to a later application, and a three-year window after a separated spouse's death if they had lived apart for a year. Because the rules differ, check your own dates before assuming you have time.
Agreements and orders do not always control
Many people assume that a separation agreement or court order can waive CPP splitting. Generally, agreements and court orders are not binding on the Minister for a credit split. The exception is an agreement that expressly refers to the Act, shows an intention that there be no division and meets the listed conditions.
If your agreement says something about CPP, have a lawyer confirm whether it would actually stop a split.
How it differs from dividing a workplace pension
CPP is not divided through the property equalization process. CPP unadjusted pensionable earnings are excluded from net family property, whereas workplace pensions count as property valued in the equalization. Equalization applies to married spouses, not to common-law partners.
| CPP credit split | Workplace pension | |
|---|---|---|
| Part of equalization? | No, excluded | Yes, counts as property |
| Who can claim | Spouses and former common-law partners | Married spouses under equalization |
| Process | Application to Service Canada | Valuation and division under the Pension Benefits Act process |
What to do next
Start by confirming your dates and gathering what you need, then decide whether to apply now or speak to a lawyer first, especially if you are common-law and the 48-month limit may be near.
- Write down the dates you started living together and the date you separated.
- Note whether you were married, divorced or common-law.
- Check whether either of you receives a CPP retirement or disability pension.
- Locate your separation agreement or court order and see what it says about CPP.
- Gather identification and documents proving the relationship and separation.
- Create a My Service Canada Account or download form ISP1901.
- Ask a lawyer if you are unsure how a split fits with your overall settlement.
Frequently asked questions
Is there a deadline to split CPP credits?
After a divorce or a separation of spouses, there is generally no time limit, unless your spouse dies, in which case it is 36 months from the death. For common-law unions, apply within 48 months of starting to live apart unless your former partner is alive and agrees in writing to waive the limit.
Can my spouse refuse to sign?
Either spouse or former common-law partner can request a split, and for a separation one spouse's signature is required. Details of how this works in your case are worth confirming with a lawyer.
Is the split permanent?
Yes. Only the credits earned during the cohabitation period are divided, and the split is permanent. A new partner does not prevent you from applying. How a later change in your situation affects things depends on your facts, so it is worth confirming with a lawyer.
Do I still divide my workplace pension if I split CPP?
They are separate. CPP credits are excluded from net family property, while workplace pensions count as property in the equalization. You may need to deal with both.
Sources
- Ontario e-Laws – Family Law Act (consolidation from Jan 1, 2012) — Ontario e-Laws
- Ontario.ca – Dividing property when a marriage or common law relationship ends — ontario.ca
- Justice Laws – Canada Pension Plan s.55.1 — Justice Laws (federal)
- Canada.ca – Splitting Canada Pension Plan credits — canada.ca
- FSRA – Pensions and marriage breakdown (as reported via search; page not fetchable directly) — fsrao.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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