Separation and divorce inQuebec.

Property division

Quebec is a civil law jurisdiction. The family patrimony rules are mandatory for married and civil-union spouses and divide the family residences, furniture, vehicles and retirement plans equally regardless of the matrimonial regime. Other property follows the regime chosen (partnership of acquests by default). De facto (common-law) spouses generally have no property sharing rights, except that a parental union regime (adopted in 2024 and in force since June 30, 2025) applies to de facto spouses whose child is born or adopted on or after that date; it creates a smaller parental union patrimony covering the family residence, furniture and vehicles.

Child and spousal support

Quebec has its own child support model, the Quebec model, based on both parents' incomes and custody time, used for Quebec-resident parents; the federal guidelines otherwise apply. Spousal support is available to married and civil-union spouses only (Civil Code art. 585). Divorce is federal under the Divorce Act: one year living separate and apart (or adultery or cruelty). Where both parents live in Quebec, child support in a divorce also follows the Quebec model; spousal support is guided by the Spousal Support Advisory Guidelines.

Filing for divorce

Divorce applications are filed in the Superior Court under the Code of Civil Procedure; joint applications on a draft agreement are common and notaries can prepare them. Free mediation sessions are offered to parents through the provincial program.

Pensions

Family patrimony includes registered retirement plans and QPP credits; QPP credits are split on divorce.

Deadlines

Family patrimony and regime partition claims are generally tied to the divorce; check the official source for specific limits.

Enforcement and legal aid

Support is enforced by Revenu Québec's support collection program (Programme de perception des pensions alimentaires). Support orders and filed agreements can be registered with the provincial maintenance enforcement program, which collects through wage garnishment, licence suspension and federal interception. Legal aid: Commission des services juridiques (legal aid).

How is property divided in a Quebec divorce?

Quebec is a civil law jurisdiction. The family patrimony rules are mandatory for married and civil-union spouses and divide the family residences, furniture, vehicles and retirement plans equally regardless of the matrimonial regime. Other property follows the regime chosen (partnership of acquests by default). De facto (common-law) spouses generally have no property sharing rights, except that a parental union regime (adopted in 2024 and in force since June 30, 2025) applies to de facto spouses whose child is born or adopted on or after that date; it creates a smaller parental union patrimony covering the family residence, furniture and vehicles.

How do I file for divorce in Quebec?

Divorce applications are filed in the Superior Court under the Code of Civil Procedure; joint applications on a draft agreement are common and notaries can prepare them. Free mediation sessions are offered to parents through the provincial program. File in the Superior Court of Quebec.

When does child support end in Quebec?

Child support usually continues until the child reaches the age of majority, which is 18 in Quebec. Under the Divorce Act it can continue past that age if the child cannot become independent because of illness, disability or another cause, and courts often treat reasonable full-time post-secondary studies as such a cause.

Check the official source

What happens to property when unmarried couples separate in Quebec?

Under Quebec's Civil Code, de facto (common-law) spouses do not have the same property rights as married or civil union spouses, no matter how long they have lived together. Since 30 June 2025, de facto spouses who become parents of a child together on or after that date are automatically in a parental union, which creates a parental union patrimony (family residences, furniture and family vehicles) to share.

Check the official source

How long do you need to live in Quebec to file for divorce?

Under the Divorce Act, you or your spouse must have been habitually resident in Quebec for at least one year before starting the divorce. Divorces are heard by the Superior Court of Québec.

Check the official source