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R-9 - Act respecting the Québec Pension Plan

Section 102.3
Disposition versions

Full text
102.3. The partition provided for in section 102.1 consists in the division into equal portions between the former 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 comprised in the period extending from the beginning of the year of their marriage or civil union to the end of the year preceding, in the case of a marriage, the date proceedings for divorce, annulment of marriage or separation from bed and board are instituted or, in the case of a civil union, the date proceedings for the dissolution or annulment of the civil union are instituted or the date a joint declaration dissolving the civil union is executed before a notary. However, if proceedings are instituted before 1 January 2009 or the joint declaration is notarized before that date, the period of partition ends at the end of the year preceding the date of taking effect of the divorce, annulment of the marriage or separation from bed and board or the dissolution or annulment of their civil union.
However, the period of partition may terminate at the end of the year preceding the year which includes the date on which the spouses ceased to live together if the court, in the judgment giving rise to partition or in a subsequent judgment, or the notarized transaction indicates, either that the value of the family patrimony must be established as it stood on the date on which the spouses ceased to live together or that the end of the period of partition of earnings must be established in relation to that date.
1977, c. 24, s. 5; 1989, c. 55, s. 37; 1993, c. 15, s. 28; 1996, c. 15, s. 2; 2002, c. 6, s. 160; 2008, c. 21, s. 38; 2018, c. 2, s. 49.
102.3. The partition provided for in section 102.1 consists in the division into equal portions between the former spouses of the sum of their unadjusted pensionable earnings for each month comprised in the period extending from the beginning of the year of their marriage or civil union to the end of the year preceding, in the case of a marriage, the date proceedings for divorce, annulment of marriage or separation from bed and board are instituted or, in the case of a civil union, the date proceedings for the dissolution or annulment of the civil union are instituted or the date a joint declaration dissolving the civil union is executed before a notary. However, if proceedings are instituted before 1 January 2009 or the joint declaration is notarized before that date, the period of partition ends at the end of the year preceding the date of taking effect of the divorce, annulment of the marriage or separation from bed and board or the dissolution or annulment of their civil union.
However, the period of partition may terminate at the end of the year preceding the year which includes the date on which the spouses ceased to live together if the court, in the judgment giving rise to partition or in a subsequent judgment, or the notarized transaction indicates, either that the value of the family patrimony must be established as it stood on the date on which the spouses ceased to live together or that the end of the period of partition of earnings must be established in relation to that date.
1977, c. 24, s. 5; 1989, c. 55, s. 37; 1993, c. 15, s. 28; 1996, c. 15, s. 2; 2002, c. 6, s. 160; 2008, c. 21, s. 38.
102.3. The partition provided for in section 102.1 consists in the division into equal portions between the former spouses of the sum of their unadjusted pensionable earnings for each month comprised in the period extending from the beginning of the year of their marriage or civil union to the end of the year preceding the date of taking effect of the divorce, annulment of the marriage or separation from bed and board or the dissolution or annulment of their civil union.
However, the period of partition may terminate at the end of the year preceding the year which includes the date on which the spouses ceased to live together if the court, in the judgment giving rise to partition or in a subsequent judgment, or the notarized transaction indicates, either that the value of the family patrimony must be established as it stood on the date on which the spouses ceased to live together or that the end of the period of partition of earnings must be established in relation to that date.
1977, c. 24, s. 5; 1989, c. 55, s. 37; 1993, c. 15, s. 28; 1996, c. 15, s. 2; 2002, c. 6, s. 160.
102.3. The partition provided for in section 102.1 consists in the division into equal portions between the former spouses of the sum of their unadjusted pensionable earnings for each month comprised in the period extending from the beginning of the year of their marriage to the end of the year preceding the date of taking effect of the divorce, annulment of the marriage or separation from bed and board.
However, the period of partition may terminate at the end of the year preceding the year which includes the date on which the spouses ceased to live together if the court indicates, in the judgment giving rise to partition or in a subsequent judgment, either that the value of the family patrimony must be established as it stood on the date on which the spouses ceased to live together or that the end of the period of partition of earnings must be established in relation to that date.
1977, c. 24, s. 5; 1989, c. 55, s. 37; 1993, c. 15, s. 28; 1996, c. 15, s. 2.
102.3. The partition provided for in section 102.1 consists in the division into equal portions between the former spouses of the sum of their unadjusted pensionable earnings for each month comprised in the period extending from the beginning of the year of their marriage to the end of the year preceding the date of taking effect of the divorce, annulment of the marriage or separation from bed and board or, where the tribunal mentions in the judgment of divorce, annulment or separation, or in a subsequent judgment, that the value of the family patrimony must be established as on the date on which the spouses ceased to live together, to the end of the year preceding the latter date.
1977, c. 24, s. 5; 1989, c. 55, s. 37; 1993, c. 15, s. 28.
102.3. The partition provided for in section 102.1 consists in the division into equal portions between the former spouses of the sum of their unadjusted pensionable earnings for each month comprised in the period extending from the beginning of the year of their marriage to the end of the year preceding the date of taking effect of the divorce, annulment of the marriage or separation from bed and board or, where the tribunal mentions in the judgment of divorce, annulment or separation that the value of the family patrimony must be established as on the date on which the spouses ceased to live together, to the end of the year preceding the latter date.
1977, c. 24, s. 5; 1989, c. 55, s. 37.
102.3. Partition shall not be effected unless the former spouses cohabited for at least 36 consecutive months while married.
Notwithstanding the second paragraph of section 102.2, former spouses are deemed to have cohabited throughout the year in which the marriage was in fact contracted, and to have not cohabited during the year in which the marriage was in fact dissolved by divorce or declared null.
Furthermore, partition shall not be effected except with respect to a marriage dissolved by divorce or declared null for a cause other than bigamy after 31 December 1976.
1977, c. 24, s. 5.
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