A Quebec separation is, at its heart, a financial event. Most of the decisions that shape your next ten years are about money: who keeps the house, how retirement savings are split, whether support is paid and for how long. Quebec uses civil law, so the rules work differently from the other provinces. This guide walks through each of them.
Married and civil union spouses share a family patrimony: the family residences, furniture, vehicles, and retirement savings built up during the marriage, divided equally. Everything else depends on your matrimonial regime, by default the partnership of acquests. Unmarried couples do not share property, except parents in a parental union (children born or adopted from mid-2025). Child support follows Quebec's own model.
Two sets of rules
A Quebec divorce uses the federal Divorce Act for the divorce itself, but property is governed by the Civil Code of Québec. Couples who separate without divorcing, and civil union spouses, are governed by the Civil Code throughout.
The family patrimony
From the day you marry, certain property forms the family patrimony, and its net value is usually divided equally when the marriage ends, whichever spouse owns it:
- The family residences (home, cottage, vacation condo) or the rights to use them
- Furniture and household items in them
- The family's vehicles
- Retirement savings built up during the marriage, such as pension plans and RRSPs, and Quebec Pension Plan credits
Gifts and inheritances are not part of it, even if the whole family uses the item. Company shares, and items used by only one spouse, are not included either. Married couples cannot sign away the family patrimony in advance.
The matrimonial regime
Everything outside the family patrimony is divided according to your matrimonial regime. Unless you chose otherwise in a marriage contract before a notary, it is the partnership of acquests: what each of you earned or bought during the marriage (your acquests) is shared, while property you owned before, and gifts and inheritances, stay private. Couples who chose separation as to property keep their own property, but still share the family patrimony.
Quebec does not give common-law couples automatic property rights or spousal support. Since mid-2025, though, couples who have a child born or adopted on or after June 30, 2025 are automatically in a parental union: the family residences, furniture and family vehicles form a parental union patrimony, generally divided equally, and a partner who lost out financially while helping the other get ahead can claim a compensatory allowance. Couples whose children were born earlier can opt in before a notary or two witnesses.
The house and the retirement savings
Because the home and retirement savings built up during the marriage are both in the family patrimony, the usual question is not whether to share them but how. Trading the house for retirement savings, or taking a lump sum instead of a pension division, can cost a lot if the after-tax values are not compared properly. Modeling these trade-offs before you agree is exactly what Your Divorce Angel is built to help you see clearly.
Spousal support
Married and civil union spouses can claim spousal support; unmarried partners cannot, even in a parental union. In a divorce, Quebec courts also refer to the Spousal Support Advisory Guidelines, adapted to Quebec's own child support rules. Courts can also award a compensatory allowance to a spouse whose work or sacrifices helped the other build wealth.
In Canada, periodic spousal support paid under a written agreement or court order is tax-deductible for the payer and taxable income for the recipient, the reverse of the current US rule. Lump-sum spousal support is neither, and child support is never deductible or taxable. To claim the spousal deduction you must also be current on any child support owed.
Child support
When both parents live in Quebec, child support is set with the Quebec child support determination model, not the federal tables. It combines both parents' incomes, sets a basic contribution for the children, and splits it between the parents in proportion to income, adjusted for parenting time and expenses such as childcare and post-secondary studies. If one parent lives outside Quebec, the federal guidelines apply instead.
The financial timeline
Two things people consistently underestimate: how long the process takes and how much costs rise once you are running a household alone. A realistic sequence: at separation, write down the date and fix the picture of assets, debts and what each of you brought in; exchange full financial disclosure; negotiate the split and support, often through mediation; settle in a written separation agreement or go to court; and carry out the transfers. A divorce itself needs one year of separation (you can live under the same roof and still be separated), and one of you must have lived in Quebec for at least a year before applying.
Quebec divorce finance, at a glance
| Family patrimony | Residences, furniture, vehicles, retirement savings from the marriage: shared equally |
|---|---|
| Opting out | Married couples cannot opt out of the family patrimony in advance |
| Other property | Matrimonial regime: partnership of acquests unless a marriage contract says otherwise |
| Gifts and inheritances | Not part of the family patrimony |
| Unmarried couples | No property sharing or spousal support, except the parental union (children from June 30, 2025) |
| Child support | Quebec child support determination model when both parents live in Quebec |
Questions worth asking before you negotiate
- What is in our family patrimony, and what was it worth on the day the marriage ended?
- Which matrimonial regime are we in, and do we have a marriage contract?
- How much retirement savings did each of us build up during the marriage?
- If we are not married, are we in a parental union, and what does it include?
- Could either of us claim a compensatory allowance for sacrifices during the relationship?
Quebec divorce: common questions
What is the family patrimony in Quebec?
A set of property shared equally by married and civil union spouses when the marriage ends: the family residences, furniture, family vehicles, and retirement savings built up during the marriage, including Quebec Pension Plan credits. Gifts and inheritances are excluded.
Can married couples in Quebec opt out of the family patrimony?
Not in advance. The family patrimony applies from the day of the marriage whatever the matrimonial regime.
Do common-law couples share property in Quebec?
Not automatically. The exception is the parental union: unmarried couples with a child born or adopted on or after June 30, 2025 share a parental union patrimony of the family residences, furniture and vehicles.
How is child support calculated in Quebec?
When both parents live in Quebec, with the Quebec child support determination model, based on both parents' incomes and parenting time. The federal tables apply only when one parent lives outside Quebec.
Is spousal support taxable in Canada?
Yes. Periodic spousal support paid under a written agreement or court order is taxable to the recipient and deductible for the payer. Lump-sum support is neither, and child support is never taxable or deductible.
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This guide is general financial information about separation and divorce in Quebec and reflects the Civil Code of Québec and the federal Divorce Act as of the date noted. It is not legal advice, and laws and individual circumstances change. Always consult a licensed Quebec family lawyer for advice specific to your situation.