Québec
Divorce in Quebec
Patrimoine Familial & Code Civil
Quebec operates under the Civil Code rather than common law. The family patrimony (patrimoine familial) rules ensure equal division of certain key assets, while the partnership of acquests governs other property.
8.6M
Population
12,000+
Annual Divorces
$302
Filing Fee
36
Superior Courts
Quebec's family law is based on the Civil Code of Quebec, derived from French civil law traditions. This is fundamentally different from the common law system used in other provinces. De facto (common-law) couples in Quebec have no automatic property or support rights.
Family Patrimony (Patrimoine Familial)
Since 1989, Quebec law requires equal division of specific assets regardless of whose name they are in.
Patrimoine Familial Assets
Assets that must be divided 50/50:
- Family residences (owned or rented)
- Household furnishings in residences
- Motor vehicles used for family travel
- Accumulated pension plan benefits
- Registered retirement savings (during marriage)
These assets are divided equally regardless of ownership or contribution.
Partnership of Acquests
The default matrimonial regime in Quebec:
- Applies to property outside the family patrimony
- Acquests = property acquired during marriage
- Private property = property owned before marriage
- At divorce, net acquests are divided equally
- Couples can opt out by marriage contract
Quebec Family Law Rules
Key distinctions in Quebec divorce and separation law.
| Feature | Quebec Rule | Description |
|---|---|---|
| Property Division | Family Patrimony | Certain assets automatically split 50/50 |
| Matrimonial Regime | Partnership of Acquests | Default regime for assets outside patrimony |
| Common-Law | De Facto Union | No automatic property rights for unmarried couples |
| Legal System | Civil Code | Based on French civil law, not English common law |
| Child Support | Quebec Model | Unique calculation model different from Federal Guidelines |
Quebec Support Calculations
Quebec does not use the Federal Child Support Guidelines. Instead, it has its own calculation model based on both parents' incomes and the number of children. This is a key difference from all other Canadian provinces.
Quebec Child Support Model
Unique Quebec calculation system:
- Based on combined parental income
- Both parents contribute proportionally to their income
- Basic contribution tables (different from Federal)
- Credits for custody time arrangements
- Special expenses added separately
Quebec Spousal Support
Quebec approaches to spousal support:
- Civil Code provisions govern alimony (pension alimentaire)
- SSAG may be referenced but not binding
- Needs-based and means-based analysis
- Compensatory claims for economic disadvantage
- Lump sum payments (prestation compensatoire) available
Quebec Superior Court Locations
Family law matters are heard in the Cour supérieure du Québec.
Montréal
Cour supérieure du Québec
1 Notre-Dame St E
514-393-2721
Québec City
Cour supérieure du Québec
300 Jean Lesage Blvd
418-649-3400
Laval
Cour supérieure du Québec
2800 Saint-Martin Blvd W
450-686-5460
Gatineau
Cour supérieure du Québec
17 Laurier St
819-772-3019
Navigate Your Quebec Divorce with Confidence
Quebec patrimony calculator, child support tools, and expert guidance for Quebec family law.