Information on Provincial Pensions and How Divorce Lawyers can Help
In the event that you and your spouse/former spouse are both members of the same pension plan, you will both be required to make two separate applications to get Family Law Value for each pension. This will likely result in both you and your spouse paying two separate fees, if fees are required. You will fill out certain forms, issued by the Financial Services Commission of Ontario, to your Plan Administrator. After completing the required forms, the Plan Administrator will provide you with a Family Law Value. In other words, the value of the pension that relates to the period of the spousal relationship (married or common-law) for the Plan Member and the spouse/former spouse of the plan member.
In Ontario, it is permitted for one to authorize another individual, who may be their lawyer, to communicate with your Plan Administrator on your behalf. The appointed individual will be allowed to both communicate and receive the information on your behalf. In order to authorize this individual to act on your behalf legally, you must complete the Contact Person Authorization (FSCO Family Law Form 3), and send it to the Plan Administrator. This form needs to be completed in its entirety and signed by you in order to be processed properly.
In the event that you choose to change the person who is authorized to communicate and receive the Plan Administrator, you need to provide the Plan Administrator with another Contact Person Authorization (FSCO Family Law Form 3), with the information pertaining to the newly desired contact.
In the event that you have previously appointed a power of attorney for property or a court order, that individual may be allowed to act on your behalf with regards to Plan Administrator in specific situations.
In the event that you are acting on behalf of a Plan Member or spouse/former spouse of a Plan Member under a court order, you are authorized to complete the Application for Family Law Value (FSCO Family Law Form 1). Additionally, you are allowed to legally sign the form on his or her behalf in the event that you have been allotted that power through a court order. In this situation, you are required to include a certified copy of the court order along with the form. You are additionally required to identify yourself in either Part C or Part D of this Application Form.
For more information on the services provided by our team, divorce law, pensions, and Plan Administrators, contact Krol & Krol at 905.707.3370.
