As we wrote in a previous article, many divorcing partners may not be aware of their right to split the cumulated CPP credits that each of them contributed during the marriage. Once they become aware of this option, the next question is usually whether it can, should, or must be done in their particular circumstances.

The short answer is that a CPP credit split is mandatory once one of the spouses requests it, by way of application to Service Canada.

Specifically, the provisions of the Canada Pension Plan make it mandatory to divide CPP credits in cases where three specific steps have been taken:

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1) There has been a judgment granting divorce; and

2) The Minister of Employment and Social Development has been informed of the judgment; and

3) The Minister has received the prescribed information.

This means that once an application has been filed together with all the necessary information (including a copy of the marriage certificate, divorce judgments, and other information), Service Canada must process the application, and the Minister is obliged to make the CPP credit division. The process cannot be rescinded or “undone”.