Application for Family Law Value (FSCO Family Law Form 1)


Hi! My name is Scott and I'll be walking you through the process for completing the Application for Family Law Value; also known as Family Law Form 1. You'll need to complete this form to get the Family Law Value of your pension or your spouse's pension from the pension plan administrator.

You may need your spouse's co-operation to complete some parts of this form, such as getting the required proof documents. If your spouse will not co-operate, you may need to apply for a court order to get the information you need to complete the application.

The plan administrator may charge you a fee to process your application. Later on in this tutorial, I'll give you information on how to contact the administrator to find out about the fee.

Let me show where to find Family Law Form 1 on our website.

Go to FSCO's website and click on "Pensions". Then, click on the "Family Law" tab and select "Family Law Forms". This is the page where we keep all the family law forms.

The Application for Family Law Value is the first form under Step 1. There's also a User Guide and Questions & Answers for this form.

Before you start filling in the form, there are a number of things that you need to know. They are listed in the IMPORTANT box.

For instance, you can complete this form if you're the plan member or the married spouse of the plan member.

However, you should NOT be completing this form, if you're the common law spouse of the plan member or if your court order, family arbitration award or domestic contract was made before January 1, 2012.

We're now ready to complete the form.

In Part A, identify who you are. Remember, you must be either the plan member or married to the plan member.

Part B is where you provide information about the pension plan. If you know the plan administrator, you can contact them for this information or use the "Plan Search" function on FSCO's website. Let me show you how to do this.

On the forms page, click on "About Pensions". "Plan Search" is the last item under the drop down menu.

To search for a plan, fill in one of the 3 boxes and click "Submit".

If you see more than one pension plan listed here, choose the plan that applies by clicking on that "Plan No". If you don't know which plan applies, contact the plan administrator to get the information you need to complete Part B.

Here's all the plan information you'll need to complete this part.

If you can't find the pension plan using Plan Search, call or email the Financial Services Commission of Ontario.

Part C is for information about the plan member.

If you're the plan member, your annual pension statement may help you complete this part.

You don't have to complete the "Contact Person" information. But you may want to do so in certain situations, for example, if you have difficulty communicating in English. If you appoint a contact person, you'll need to complete the Contact Person Authorization form and include it with your application. The plan administrator will then be able to deal with the contact person directly about your family law matters.

If you're the spouse of the plan member, fill in as much information as possible about the plan member to help the plan administrator identify the right person. If you're aware that your spouse has a contact person, fill in what you can. If you don't know, leave this part blank. Your spouse will have to complete the Contact Person Authorization form and can either send it directly to the plan administrator or send it to you so that you can mail it with your application.


Part D is for information about the plan member's spouse.

If you're the spouse of the plan member, fill in information about yourself. For the question "Was this person the spouse of the Plan Member on the date the Plan Member retired?" check the box that applies.

If you're the plan member, fill in the information about your spouse. The details you provide here must be sufficient for the plan administrator to be able to contact your spouse. If you're aware that your spouse has a Contact Person, fill in what you can. If you don't know, leave this part blank. Your spouse will have to complete the Contact Person Authorization form and either send it directly to the plan administrator or send it to you so that you can mail it with your application.

Part E is for information about the Starting Date of your spousal relationship.

Choose one of the four dates that best describes the starting date of your spousal relationship. You and your spouse must agree on this date.

If you and your spouse lived in a common-law relationship before your marriage, and you cannot agree on your starting date, your date of marriage will be the starting date by default.

Part F is for information about your Separation Date.

Complete this Part if you and your spouse agree on your separation date, which is also called your Family Law Valuation Date. Choose the option that best describes the end date of your spousal relationship. You have four choices.

If you cannot agree on your separation date, you can complete Appendix A, which is a request for two Family Law Values. This allows you and your spouse to choose different separation dates. The administrator will provide you with two Family Law Values. You may have to pay an additional fee for this.

Note that if you're going to proceed with dividing the Family Law Value, you and your spouse will have to choose from one of the two separation dates.

The separation date must be included in your court order, family arbitration award or domestic contract that provides for the division of the Family Law Value.

You and your spouse must sign this Appendix. You cannot be each other's witness. You don't have to have the same witness, but your witness must be at least 18 years of age and must actually see you sign this Appendix.

If you and your spouse decide to change either the starting date or the end date of your spousal relationship, you'll have to start the process all over again. Therefore, it's best that you both agree on the dates to be used before completing this form.

Part G lists all the documents you'll need to include with your application. If you don't include the necessary documentation, your application may not be considered complete. If your application is not complete, the plan administrator will not be able to give you your Family Law Value until you provide the required information.

Under "Required Documents" you must check the proof documents that you'll be sending to the plan administrator along with your application.

A birth certificate, baptismal certificate or passport, are the most commonly accepted documents for proof of date of birth. If you or your spouse don't have any of these, contact the plan administrator to find out what other document(s) are acceptable as proof.

For proof of the starting date of your spousal relationship, you must provide one of these three documents: (i) your marriage certificate; (ii) a Joint Declaration of Period of Spousal Relationship form, which is available on FSCO's family law forms page or, (iii) a court order, family arbitration award or domestic contract.

For proof of your separation date, you must provide one of these three documents: (i) a Joint Declaration of Period of Spousal Relationship form; (ii) Appendix A if you are providing two separation dates; or (iii) a court order, family arbitration award or domestic contract.

Complete the Additional Documents section if either you or your spouse has identified a Contact Person in Parts C or D.

Check the box that applies under "Required Fee". The maximum fee depends on the type of benefit provided under the pension plan and may include the Harmonized Sales Tax. If you don't know what the fee is, contact the plan administrator.

Part H is the final Part of this form, where you make a number of declarations about the information you're providing. When you print this form, you and your witness must sign it. Your spouse cannot be your witness. Your witness must be at least 18 years of age and must actually see you sign this part.

Mail your COMPLETED application, including all the documents you've checked in Part G and any fee to the plan administrator. Do not mail it to the Financial Services Commission of Ontario. If you do, it will be returned to you.

Once the plan administrator receives your completed application, they will process it. Within 60 days, they should send you and your spouse a Statement of Family Law Value. This statement will provide information about the Family Law Value and the maximum share of this value that can be paid from the plan.

To stay up to date on FSCO's latest information and for more resources on family law matters, visit FSCO's website.

Thank you.

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