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Is an RESP subject to equalization?

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Is an RESP subject to equalization?

An RESP can be relevant in equalization, but its treatment can be fact-specific.
In many cases, the court will examine:
 who is the subscriber;
 who contributed the funds;
 whether the RESP is intended for the children’s education;
 the value of the subscriber’s rights;
 whether government grants are included;
 whether any portion should be excluded or preserved for the child;
 whether the RESP should remain intact for post-secondary expenses; and
 whether the parties agree to transfer or jointly administer it.
An RESP is often treated differently from a normal bank or investment account because it is
typically established for the child’s education. However, it may still have value connected to a
spouse’s property rights depending on how it is structured. A common practical resolution is to
preserve the RESP for the child and address contribution, control, and use of the funds in the
separation agreement or court order.