102.1. The unadjusted pensionable earnings of two former spouses, rectified, where necessary, in the proportion indicated in section 180, shall be partitioned between them, in case of separation from bed and board, divorce or nullity of marriage, or in the case of the dissolution otherwise than by death or the annulment of a civil union, to the extent and in the manner provided by this subdivision.
There shall be no partition, however, where the court indicates, in the judgment giving rise to partition or in a subsequent judgment, that the former spouses have transferred to each other any rights that they might derive from the partition of their earnings or that such earnings are not partitioned, where the notarized transaction settling the consequences of the dissolution of the civil union contains such provisions or where the former spouse who would have benefited from such a partition has renounced it.
The indication of the court or the notarized transaction and the renunciation referred to in the second paragraph shall have effect only if they clearly express the intention that there be no partition of earnings registered pursuant to this Act, by the use of the following or equivalent terms: “There shall be no partition of earnings registered pursuant to the Act respecting the Québec Pension Plan”.
Where partition of earnings is renounced, the court or, if renunciation is effected by notarial act, the notary shall ascertain that the consent of the renouncing spouses is given in a free and enlightened manner.
1977, c. 24, s. 5; 1989, c. 55, s. 37; 1993, c. 15, s. 27; 1996, c. 15, s. 1; 1997, c. 73, s. 30; 2002, c. 6, s. 158.