Separation and divorce in Quebec: what to know
A separation often raises the same questions: where the children will live, who will pay for what and how property will be divided. The answers depend mainly on one thing: the type of union the couple is in. This guide explains the general rules in plain terms.
In short
The rules are not the same for married couples and for de facto (common-law) partners.
Child support is the child’s right, whatever the type of union between the parents.
A separation does not always go to court: parents can reach an agreement, for example through mediation.
Are you married, in a parental union or de facto partners?
Married or in a civil union. On separation, the value of certain family property is divided between the spouses. This is called the family patrimony. It includes, among other things, the family home, the furniture, the family vehicles and the amounts accumulated in pension plans during the union. A spouse may also ask for support for themselves.
De facto partners with a child born or adopted since June 30, 2025. The couple is then in a parental union, a regime created in 2025. On separation, the value of certain family property, such as the family residence, furniture and vehicles, is divided. RRSPs and pension funds are not included. This regime does not provide for support between partners.
De facto partners without a parental union. The law provides neither an automatic division of property nor support between partners.
What issues need to be settled?
The same topics generally come up in a separation:
The children: who they live with and how much time they spend with each parent.
Support: for the children and, in some cases, for a spouse.
The home: who may stay there while matters are being resolved.
Property: what is divided, depending on the type of union.
How is child support calculated?
In most cases, the Quebec model applies, particularly when both parents live in Quebec. The amount depends on both parents’ incomes, the number of children and the time each parent spends with them. The Government of Quebec offers an online calculation tool.
The Federal Child Support Guidelines apply instead when the parents are divorcing or are divorced and one of them no longer lives in Quebec. The base amount is then found in federal tables, according to the province where the paying parent lives, that parent’s income and the number of children. If the paying parent lives outside Canada, the table for the province where the other parent lives is generally used. Certain expenses, such as childcare or post-secondary education, may be added and are shared according to income.
Do you have to go to court?
Not necessarily. Parents can reach an agreement, for example through mediation. The agreement can then be homologated, meaning approved by the court, which gives it the same force as a judgment.
When the case goes to court, the court may set provisional measures, meaning temporary rules on custody or support, until it makes its final decision.
Time limits and services to know about
Divorce: when a divorce is sought on the basis of separation, the spouses must have lived apart for at least one year at the time of the judgment.
Parenting session: the Government of Quebec offers separating parents a free 2.5-hour session.
Family mediation: separating parents are entitled to 5 free hours with a mediator, and 2.5 hours to review an agreement or judgment.
Emergency: if anyone is in danger, emergency services (911) can be reached at any time.
What documents should you bring to 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
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 the Family Law and Divorce page or request a consultation.
This guide contains general legal information. It is not legal advice and does not create a lawyer-client relationship.
