Marriage or Common-Law Relationship Breakdown

Provincial legislation requires the division of a pension or a pension benefit credit between separated spouses or common-law partners when family assets are to be divided under an agreement or court order made under The Family Property Act or when a court of another Canadian jurisdiction requires a pension or pension benefit credit to be divided. This law applies to separations that occurred on or after January 1, 1984. 

When the legislation was first introduced, the division of pension benefit credits for the period of marriage was mandatory. More recent legislation, effective June 24, 1992, provides for the ability to opt out of the division of pension benefit credits, provided certain requirements are met.

If you have experienced a marriage/common-law relationship breakdown, please contact our Member Services team for information on your specific situation and to request a Relationship Breakdown Statement of Facts form. It is important to inform HEB Manitoba as soon as possible to prevent delays in processing your pension benefits at events such as termination or retirement.

Once completed and returned, the Relationship Breakdown Statement of Facts form provides us with the date of marriage/cohabitation and the date of separation, which are required to calculate the value of the pension benefit earned during the period of marriage/cohabitation. Under The Pension Benefits Act of Manitoba, the period of marriage/cohabitation is defined as the period from the date of cohabitation to the date of separation (the date the parties began living separate and apart). 

HEB Manitoba will then provide you and your former spouse/common-law partner with information related to the division of the pension benefit credits and the various options available to you and your former spouse/common-law partner.

If the division of pension benefit credits is applicable at the time of retirement, termination or death, the member’s pension will be reduced to reflect the amount payable to the former spouse/common-law partner.

Marriage/Common-Law Breakdown After Retirement

If you experience a marriage/common-law relationship breakdown after retiring, your former spouse/common-law partner is entitled to a portion of the monthly pension benefit based on the period of marriage/co-habitation. You and your former spouse/common-law partner will receive your respective shares as monthly pension payments directly from HEB Manitoba. 

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