Splitting An OMERS Pension After Separation: What You Need to Know

Michelle Rakowski
Oct 15
3 min read

Wooden figure with a cane stands on stacks of coins, increasing in height, against a blurred green background, symbolizing financial growth.

If you or your spouse are receiving an OMERS pension and you're going through a separation or divorce, you’ve probably started wondering how that pension gets divided. And if you’ve already tried Googling it, you’ve likely found the information… less than clear.

Splitting an OMERS pension is possible, but it’s not a simple process, and it’s definitely not something you want to DIY. In this blog, I’ll walk you through the basics, explain what’s needed to even begin the process, and share why mediation is often the best way to work out the details.

Understanding the Basics of Splitting an OMERS Pension

OMERS (Ontario Municipal Employees Retirement System) is a defined benefit pension plan. That means it pays out a fixed monthly amount in retirement, based on years of service and earnings, and not just investment performance. When a couple separates, pensions like OMERS are treated as property under Ontario’s Family Law Act, and that means they can be divided.

But here’s where people often get confused: dividing a pension isn’t just a matter of agreeing on a number and moving on. There’s a legal and administrative process that must be followed in order to split the pension properly.

Before You Can Divide an OMERS Pension: You’ll Need a Valuation

Before anything can happen, one or both parties need to apply to OMERS for a Statement of Family Law Value. This is done by submitting Family Law Form FL-1, and it tells you exactly what the pension is worth for the purpose of dividing property.

This valuation can take a few months, so it’s important not to leave it until the last minute, especially if the pension is already in pay (meaning one party is already retired and collecting it).

Including the Pension in Your Separation Agreement

Once you’ve received the Family Law Value, you’ll need to work out how the pension will be divided, and that agreement must be in writing.

Here’s where it’s critical to get things right. Your separation agreement should clearly explain:

How much of the pension the non-member spouse will receive
When the split begins
Whether cost-of-living increases are shared
What happens to the survivor benefits if one spouse passes away
What forms must be submitted to OMERS and who will do it

This is not something you want to piece together using a generic online template. A poorly written agreement can delay your application, or worse, lead to rejected forms and financial losses for both parties.

Why Mediation Is the Right Place to Handle These Details

In my mediation work, I’ve helped several retired couples navigate the complexities of splitting OMERS pensions. One couple I worked with had been married for over 20 years, and the husband had recently retired with a full OMERS pension. They wanted to be fair to each other but didn’t know how to make the numbers work, or even where to start.

Through mediation, we were able to:

Clarify what each party was entitled to under Ontario law
Decide how to handle survivor benefits in case of death
Work through questions like spousal support, taxes, and other retirement income
Create an agreement that satisfied both parties - and OMERS’ requirements

It gave them clarity and peace of mind, and kept them out of court.

A Note About Survivor Benefits and Timing

Survivor benefits are one of the most overlooked areas when splitting a pension. If the spouse who earned the pension dies, the surviving spouse may be entitled to continue receiving a portion, but only if the agreement and OMERS paperwork are done correctly.

Timing matters too. If the pension is already being paid, you’ll need Family Law Form FL-6 (Application to Divide a Retired Member’s Pension). This form must be submitted alongside a certified copy of your separation agreement.