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Friday, April 20, 2018 10:54:10 AM
"Registered retirement savings plans (RRSPs) and registered retirement income funds (RRIFs) as well as pensions are considered family property to be divided 50-50 in a legal separation or divorce. The Income Tax Act provides for tax-free rollovers of RRSPs and RRIFs between spouses where there is a court order or written separation agreement, which allows for the equalization of registered assets without significant tax implications.
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https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/t2220.html
http://www.advisor.ca/tax/tax-news/minimize-tax-on-marriage-breakdown-104725
RRSP and RRIF transfers
If some or all of the amounts in an RRSP or RRIF are being transferred between spouses or common-law partners as a result of separation or divorce, the transfer can take place on a tax-deferred basis on two conditions:
•the money being transferred remains in a RRSP or RRIF of the recipient spouse or partner, and
•the transfer is done pursuant to a court order or written separation agreement using CRA form T2220.
When the recipient spouse or common-law partner later withdraws money from his or her RRSP or RRIF, the full amount is taxable in that person’s hands at their marginal tax rate in the year of withdrawal.
So, in some cases it makes sense to transfer some or all of an RRSP or RRIF as part of equalization between spouses on relationship breakdown.
Specifically, RRSP transfers are a preferable way of satisfying equalizing obligations when there is a dramatic difference between the marginal tax rates of the spouses, particularly where the recipient spouse intends to draw income from the RRSP or RRIF at a future time when his or her taxable income is lower.
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