Can divorced parents have separate RESPs for the same child?

Yes. There is no restriction on having multiple RESPs for one child — the child can be the beneficiary of several plans with different subscribers. Both parents (and grandparents, for that matter) can open and contribute to separate RESPs for the same child. The lifetime CESG limit of $7,200 per child and the $50,000 total contribution limit apply across all plans combined, not per plan.

What happens to an RESP when parents separate?

An RESP belongs to the subscriber (the account holder), not to the child or the other parent. On separation, the subscriber retains control of the RESP. If the plan was jointly held, both subscribers must agree on decisions. The plan can be transferred to one spouse as part of a divorce settlement, but this usually requires the financial institution to process a formal subscriber change, which not all institutions support.

Can a non-custodial parent access the child's RESP after divorce?

Only the subscriber (account holder) can make decisions about an RESP. If the non-custodial parent is not a subscriber on the plan, they have no rights over it. If the custodial parent holds the RESP and later closes or misuses funds, the non-custodial parent's recourse is through family law (courts), not directly with the financial institution.

Can I remove my ex-spouse as a co-subscriber from an RESP?

Removing a co-subscriber from a joint RESP is not straightforward — most financial institutions require consent of both subscribers, or a court order, to change the subscriber structure. Some institutions do not support subscriber changes at all and may require the plan to be closed and reopened under a new subscriber. This is one of the most documented pain points in divorce RESP disputes in Canada.

Is the CESG affected when divorced parents each contribute separately?

The CESG is calculated per beneficiary child, not per plan. If both parents contribute to separate plans for the same child, the CRA tracks CESG entitlements across all plans. The grant limit ($500/year at 20% of $2,500) and lifetime cap ($7,200) apply to the child, not each parent. If combined contributions exceed $2,500/year, additional contributions beyond that receive no grant.

RESP for Divorced or Separated Parents in Canada: Rules and Options

RESP Ownership on Separation: The Key Legal Fact

An RESP is owned by the subscriber — the person who opened the account and is named on the plan. This is true even if the money in the plan is considered a family asset in a divorce proceeding.

Who owns the plan	Who controls it
Single subscriber (e.g., mother only)	Sole subscriber — full control
Joint subscribers (both parents)	Both must agree on withdrawals and changes
Single subscriber (e.g., father only)	Sole subscriber — full control even after separation

Separation does not automatically change who controls or owns an RESP. If you want ownership changes, you must address the RESP explicitly in your separation agreement and then take steps with the financial institution.

Option 1: Each Parent Opens Their Own RESP

The simplest and most conflict-free approach after separation:

Each parent opens a separate individual RESP for the child
Each parent contributes whatever they choose, on their own timeline
Each parent is the sole subscriber of their plan — no coordination required
The child benefits from both plans when they enrol

CESG tracking: CRA tracks the child’s total CESG received across all plans. If both parents together contribute more than $2,500/year to all plans combined, the excess receives no grant. Both plans should communicate (or each parent should contribute modestly enough that the combined amount stays within grant-optimal limits).

Safest strategy for divorced parents who cannot coordinate: each parent contributes $1,250/year (together = $2,500 maximum grant-qualifying amount), generating the full $500 CESG per year shared between both plans. Coordinate minimally via the child’s total to avoid grant duplication loss.

Option 2: One Parent Holds the Joint Plan, the Other Opens New

If there was a joint RESP during the marriage:

One parent retakes the existing joint plan as sole subscriber (requires financial institution processing)
The other parent opens a new individual RESP
Both plans remain active for the child

Subscriber transfer note: Many financial institutions do not support a formal “subscriber transfer” — they may require the original joint plan to be closed and the funds rolled into a new plan under one subscriber’s name. During a rollover:

Contributions transfer tax-free
CESGs may transfer if the beneficiary does not change
Notify your financial institution and confirm the process before doing anything

Option 3: Address the RESP in the Divorce Agreement

Family lawyers and mediators can include RESP terms in a separation agreement:

Provision	What it does
Who retains control of the existing RESP	Prevents future disputes about access
Each parent’s contribution obligation	Can be proportional to income (e.g., proportional to net income share)
Subscriber change instruction	Confirms who becomes sole subscriber on existing plan
What happens if child doesn’t attend school	Dictates who receives returned contributions

Including explicit RESP terms in your separation agreement is strongly recommended if a significant balance exists.

What Happens to CESG Grants in a Divorce RESP

The CESG is attached to the beneficiary child, not the subscriber. An RESP cannot be split between two people while they keep the exact same CESG entitlements — CESG follows the plan and the beneficiary.

Key considerations:

If the existing joint RESP is closed and two new plans opened: The CESGs received so far cannot be split — they must be repaid on closure. Each new plan starts fresh for future CESG.
If one plan is transferred to one subscriber: CESGs stay with the transferred plan intact, provided beneficiary doesn’t change.
If each parent has a separate plan: Future CESG is tracked per child — CRA will not over-pay the $7,200 lifetime cap regardless of how many plans exist.

Grandparent RESPs After Divorce

Grandparents often open RESPs for grandchildren. After divorce:

The grandparent’s RESP is entirely separate from the parents’ dispute
The grandparent (as subscriber) retains full control
Neither divorcing parent has any authority over a grandparent’s RESP
The grandparent’s plan is generally not considered a family asset in the divorce

Withdrawal Disputes: When the Other Parent Closes or Drains the RESP

A subscriber can legally withdraw from an RESP (with tax consequences on the gains if done improperly). If you believe an ex-spouse is misappropriating RESP funds:

Document the existing balance and all contributions made
Consult a family lawyer — courts can issue injunctions to prevent RESP withdrawal pending proceedings
If funds were drained improperly: include in your divorce claim for equalization or restitution
Some institutions will flag large RESP withdrawals during active divorce proceedings if a court order is provided — ask your institution