Separation and divorce in Quebec: what to know
In Quebec, the rules that apply to a separation depend first on the couple’s situation: marriage, civil union, parental union or de facto (common-law) union. This guide presents those rules in general terms.
1. The rules vary with the couple’s status
Marriage or civil union. The family patrimony rules apply. The family patrimony includes, among other things, the family residences, the furniture in them, the vehicles used for family travel and the pension rights accumulated during the union (art. 415 C.C.Q.). Support between spouses may be claimed.
Parental union. This regime covers de facto spouses who have a child born or adopted since June 30, 2025. The parental union patrimony includes, among other things, the family residences, furniture and family vehicles. RRSPs and pension funds are not included by default. The regime does not provide for support between spouses.
De facto union without a parental union. The law does not provide for an automatic division of property or for support between spouses.
Whatever the parents’ status, child support is the child’s right.
2. Topics generally addressed in a separation
Custody of the children and parenting time
Child support and, where applicable, support between spouses
Use of the family residence during the proceedings
Division of property, under the applicable regime
In a dangerous situation, emergency services (911) can be reached at any time.
3. Some reference points
Divorce based on separation: the law requires that the spouses have lived apart for at least one year when the judgment is rendered.
Parenting after separation session: the Government of Quebec offers a free 2.5-hour session to separating parents.
Family mediation: the Quebec program offers 5 free hours to separating parents and 2.5 hours to review an agreement or a judgment.
Provisional measures: the court can set temporary measures, for example on custody or support, pending a final decision.
4. Documents often useful for a consultation
Marriage or civil union certificate, and marriage contract if there is one
The children’s birth certificates
Recent tax returns and notices of assessment
Mortgage, loan and bank account statements
RRSP and pension plan statements
Any judgment or agreement already signed
5. Frequently asked questions
How is child support calculated?
In Quebec, two systems exist.
The Quebec model applies in most cases, particularly when both parents live in Quebec. Support is set according to guidelines that take into account both parents’ incomes, the number of children and parenting time. The Government of Quebec offers an online calculation tool.
The Federal Child Support Guidelines apply when the parents are divorcing or are divorced and one of them no longer lives in Quebec. The base amount comes from federal tables, set according to the paying parent’s province of residence, income and number of children. If the paying parent lives outside Canada, the table for the other parent’s province of residence is generally used. Certain special expenses may be added and are shared in proportion to the parents’ incomes, for example childcare or post-secondary education costs.
Does a separation necessarily go through the court?
Not necessarily. An agreement reached between the parties, including in mediation, can be homologated (approved) by the court, which gives it the same force as a judgment.
What does the law provide for de facto spouses without a parental union?
The law does not provide for an automatic division of their property. Other rules of civil law may nevertheless apply depending on the circumstances.
Consulting a lawyer
This guide presents general rules. Every situation is different and must be assessed on its own facts. To learn more about our practice, see Family Law and Divorce or book a consultation.
This guide contains general legal information. It is not legal advice and does not create a lawyer-client relationship.
