102.10.5. The partition consists in the division in equal portions between the former de facto spouses of the sum of their base unadjusted pensionable earnings, the sum of their first additional unadjusted pensionable earnings and the sum of their second additional unadjusted pensionable earnings for each month included in the period between the beginning of the year in which they began to live in a de facto union until the end of the year preceding, as the case may be, the date on which they ceased to live in a de facto union or the date of their marriage or civil union.
There shall be no partition for the following months:
(a) the months for which partition is not effected under section 102.4;
(b) the months included in a period during which either of the former de facto spouses was married to or in a civil union with another person, except the months included in the year of the effective date of the judgment granting the divorce or the annulment of marriage or in the year of the effective date of dissolution, by judgment or by joint declaration executed before a notary, or annulment of the civil union;
(c) the months during which the former de facto spouses are deemed, pursuant to the regulations, not to have lived in a de facto union.
1997, c. 73, s. 35; 2002, c. 6, s. 168; 2008, c. 21, s. 42; 2018, c. 2, s. 5111.