Marriage Breakdown

If there is any discrepancy between this information and the Plan, the provisions of the Teachers’ Pension Plans Act and applicable legislation will determine entitlements and options available.

Any Matrimonial Property Orders (MPO) filed with ATRF on or after May 1, 2010, must be in accordance with the May 1, 2004 Regulations, which provide for a lump sum payment division, unless the pension is already in pay. See section entitled “What is Available if the Pension is Already in Pay”.

ATRF will continue to apply those MPO’s which were filed as of April 30, 2010 under the previous laws and that are in compliance with Section 45 of the Teachers’ Pension Plans (Legislative Provisions) Regulation (AR 201/95), (division only upon the retirement, termination, or death of the member).

The Regulations regarding the division of pensions on marriage breakdown apply to members who were legally married and have since divorced. They do not apply to common-law or same-gender relationships as they are not covered under Alberta’s Matrimonial Property Act.

See the information sheet "Division of Pension on Marriage Breakdown" for more information. Watch for new information - to be posted here soon.

• What is Available When the Pension is Not Yet in Pay?
• What is Available if the Pension is Already in Pay?
• Requests from Members or their Non-Member Pension Partner
• Instructions for Lawyers
• How is the Total Entitlement Calculated and Divided?
• What Happens to the Member's Entitlements After the Non-Member-Pension Partner Has Been Paid Out?
• What Information Must be Included in the MPO?
• Important Considerations When Deciding to Take an Immediate Payout or Delay the Division
• What Happens if ATRF is Unable to Comply with a Filed MPO?
• Is There a Fee for This Service?
• May 1, 2004 Regulations
• O.C. 39/2008
• Draft Order Form (pdf)