---
title: "Frequently Asked Questions ✦ Goldwater Droit"
canonical_url: "https://goldwaterdroit.com/en/faqs"
last_updated: "2026-09-05T17:59:18.262Z"
locale: en
meta:
  description: "Browse frequently asked legal questions answered by Goldwater Droit on Quebec family law, related disputes, and practical next steps."
  "og:description": "Browse frequently asked legal questions answered by Goldwater Droit on Quebec family law, related disputes, and practical next steps."
  "og:title": "Frequently Asked Questions"
---

*Frequently Asked Questions*

# Your Questions, Answered

Straight answers to the questions we hear most. Each response summarizes Quebec law as it stands—but every case turns on its facts. If your situation is complex, book a consultation.

## Asset & Property Division

### [Can a spouse claim credit for paying mortgage interest post-separation while living in the family home?](https://goldwaterdroit.com/en/faqs/can-a-spouse-claim-credit-for-paying-mortgage-interest-post-separation-while-living-in-the-family-home)

Generally no. Under C.c.Q. arts. 415–418 and 421, post-separation mortgage interest is treated as housing benefit offset by exclusive use; no credit unless equity increased or fairness requires.

C.c.Q. art. 415–418, 418.1, 421; C.p.c. art. 510–511

[**Read the full answer**: Can a spouse claim credit for paying mortgage interest post-separation while living in the family home?](https://goldwaterdroit.com/en/faqs/can-a-spouse-claim-credit-for-paying-mortgage-interest-post-separation-while-living-in-the-family-home)

### [Can an ex-spouse obtain partition of a pension administered under federal law (e.g., RCMP, Armed Forces)?](https://goldwaterdroit.com/en/faqs/can-an-ex-spouse-obtain-partition-of-a-pension-administered-under-federal-law-e.g.-rcmp-armed-forces)

Yes. Under C.c.Q. arts. 415–418 and the federal Pension Benefits Division Act, federally regulated pensions like RCMP or Armed Forces plans can be partitioned after divorce or separation.

C.c.Q. art. 415–418, 422; Pension Benefits Division Act (S.C. 1992, c. 46); Divorce Act, s. 15.2

[**Read the full answer**: Can an ex-spouse obtain partition of a pension administered under federal law (e.g., RCMP, Armed Forces)?](https://goldwaterdroit.com/en/faqs/can-an-ex-spouse-obtain-partition-of-a-pension-administered-under-federal-law-e.g.-rcmp-armed-forces)

### [Can I keep my inheritance in a divorce?](https://goldwaterdroit.com/en/faqs/can-i-keep-my-inheritance-in-a-divorce)

In Québec, an inheritance remains your personal property if kept separate from family assets. It is excluded from family patrimony under C.c.Q. arts. 415–418 and 450–453.

C.c.Q. art. 415–418, 450–453; Divorce Act, s. 15.2

[**Read the full answer**: Can I keep my inheritance in a divorce?](https://goldwaterdroit.com/en/faqs/can-i-keep-my-inheritance-in-a-divorce)

### [Can partition be refused based on “equity” under article 422 C.c.Q.?](https://goldwaterdroit.com/en/faqs/can-partition-be-refused-based-on-equity-under-article-422-c.c.q.)

Yes. Under C.c.Q. art. 422, the court may refuse or reduce partition if dividing the patrimony would be inequitable, considering the spouses’ conduct or circumstances.

C.c.Q. art. 415–418, 422

[**Read the full answer**: Can partition be refused based on “equity” under article 422 C.c.Q.?](https://goldwaterdroit.com/en/faqs/can-partition-be-refused-based-on-equity-under-article-422-c.c.q.)

### [How are assets divided after divorce in Quebec?](https://goldwaterdroit.com/en/faqs/how-are-assets-divided-after-divorce-in-quebec)

After divorce in Québec, assets included in the family patrimony—the family residence, furniture, vehicles, and retirement plan values—are divided equally, while other property follows the rules of the matrimonial regime or remains personal.

C.c.Q. art. 414–423; Divorce Act, s. 15.2

[**Read the full answer**: How are assets divided after divorce in Quebec?](https://goldwaterdroit.com/en/faqs/how-are-assets-divided-after-divorce-in-quebec)

### [How are increases in asset value calculated when one spouse owned property before marriage?](https://goldwaterdroit.com/en/faqs/how-are-increases-in-asset-value-calculated-when-one-spouse-owned-property-before-marriage)

Under C.c.Q. arts. 415–418 and 421–422, the increase in value of pre-marital property is included in the family patrimony only if the property itself forms part of that patrimony, such as the family home.

C.c.Q. art. 415–418, 421–422

[**Read the full answer**: How are increases in asset value calculated when one spouse owned property before marriage?](https://goldwaterdroit.com/en/faqs/how-are-increases-in-asset-value-calculated-when-one-spouse-owned-property-before-marriage)

### [How are pensions and RRSPs treated during the partition process?](https://goldwaterdroit.com/en/faqs/how-are-pensions-and-rrsps-treated-during-the-partition-process)

Under C.c.Q. arts. 415–418 and 422, pension plan rights and RRSPs acquired during marriage form part of the family patrimony and are equally divided at partition.

C.c.Q. art. 415–418, 422; Regulation respecting the partition and transfer of benefits accrued under the pension plans governed by the Supplemental Pension Plans Act (RLRQ, c. R-15.1, r. 2)

[**Read the full answer**: How are pensions and RRSPs treated during the partition process?](https://goldwaterdroit.com/en/faqs/how-are-pensions-and-rrsps-treated-during-the-partition-process)

### [How do interim measures or protective orders affect partition proceedings?](https://goldwaterdroit.com/en/faqs/how-do-interim-measures-or-protective-orders-affect-partition-proceedings)

Interim or protective orders can temporarily freeze or control family property to prevent its dissipation during partition, ensuring fairness and preserving both spouses’ rights.

art. 418–419, 510–511 C.p.c.; art. 415–418 C.c.Q.

[**Read the full answer**: How do interim measures or protective orders affect partition proceedings?](https://goldwaterdroit.com/en/faqs/how-do-interim-measures-or-protective-orders-affect-partition-proceedings)

### [How does partition work when spouses are both shareholders in a corporation?](https://goldwaterdroit.com/en/faqs/how-does-partition-work-when-spouses-are-both-shareholders-in-a-corporation)

If both spouses hold shares, each retains their shares unless sold or valued. The company itself is not divided, but share value is considered under C.c.Q. arts. 415–418 and 421–422.

C.c.Q. art. 415–418, 421–422; Business Corporations Act (RLRQ, c. S-31.1), s. 35

[**Read the full answer**: How does partition work when spouses are both shareholders in a corporation?](https://goldwaterdroit.com/en/faqs/how-does-partition-work-when-spouses-are-both-shareholders-in-a-corporation)

### [How is the partition affected when one spouse resides outside Quebec?](https://goldwaterdroit.com/en/faqs/how-is-the-partition-affected-when-one-spouse-resides-outside-quebec)

Partition in Québec applies to property located in Québec. Foreign residence affects applicable law and enforcement under C.c.Q. arts. 3083–3084 and 415–418.

C.c.Q. art. 3083–3084, 415–418, 423

[**Read the full answer**: How is the partition affected when one spouse resides outside Quebec?](https://goldwaterdroit.com/en/faqs/how-is-the-partition-affected-when-one-spouse-resides-outside-quebec)

### [How to contest a property valuation during the division of assets?](https://goldwaterdroit.com/en/faqs/how-to-contest-a-property-valuation-during-the-division-of-assets)

You can contest a valuation by providing your own expert report or requesting a court-appointed expert under C.c.Q. arts. 417–418 and C.p.c. arts. 280–282.

C.c.Q. art. 417–418, 424; C.p.c. art. 280–282

[**Read the full answer**: How to contest a property valuation during the division of assets?](https://goldwaterdroit.com/en/faqs/how-to-contest-a-property-valuation-during-the-division-of-assets)

### [Peut-on renoncer au partage du patrimoine familial au Québec?](https://goldwaterdroit.com/en/faqs/peut-on-renoncer-au-partage-du-patrimoine-familial-au-qubec)

No. Under C.c.Q. art. 423, spouses cannot waive partition of family patrimony in advance. Any waiver is valid only after separation or divorce under art. 465.

C.c.Q. art. 423, 431, 432, 465

[**Read the full answer**: Peut-on renoncer au partage du patrimoine familial au Québec?](https://goldwaterdroit.com/en/faqs/peut-on-renoncer-au-partage-du-patrimoine-familial-au-qubec)

### [Que se passe-t-il si l’un des conjoints a contribué davantage financièrement à l’achat des biens familiaux?](https://goldwaterdroit.com/en/faqs/que-se-passe-t-il-si-lun-des-conjoints-a-contribu-davantage-financirement-lachat-des-biens-familiaux)

Under C.c.Q. arts. 415–418, each spouse has an equal share of family patrimony regardless of financial contribution. Unequal investment does not affect division unless proven exclusion applies.

C.c.Q. art. 415–418, 423, 427

[**Read the full answer**: Que se passe-t-il si l’un des conjoints a contribué davantage financièrement à l’achat des biens familiaux?](https://goldwaterdroit.com/en/faqs/que-se-passe-t-il-si-lun-des-conjoints-a-contribu-davantage-financirement-lachat-des-biens-familiaux)

### [Quel est le délai pour demander le partage du patrimoine familial après une séparation?](https://goldwaterdroit.com/en/faqs/quel-est-le-dlai-pour-demander-le-partage-du-patrimoine-familial-aprs-une-sparation)

Under C.c.Q. art. 427, a spouse must request division of family patrimony within three years after separation, divorce, or death, unless both agree otherwise.

C.c.Q. art. 427, 465

[**Read the full answer**: Quel est le délai pour demander le partage du patrimoine familial après une séparation?](https://goldwaterdroit.com/en/faqs/quel-est-le-dlai-pour-demander-le-partage-du-patrimoine-familial-aprs-une-sparation)

### [What are the deadlines to bring an action for partition or recourse after divorce or annulment?](https://goldwaterdroit.com/en/faqs/what-are-the-deadlines-to-bring-an-action-for-partition-or-recourse-after-divorce-or-annulment)

Under C.c.Q. art. 427, a spouse must bring an action for partition or recourse within three years after divorce, separation, or annulment, unless both parties agree otherwise.

C.c.Q., art. 427, 465

[**Read the full answer**: What are the deadlines to bring an action for partition or recourse after divorce or annulment?](https://goldwaterdroit.com/en/faqs/what-are-the-deadlines-to-bring-an-action-for-partition-or-recourse-after-divorce-or-annulment)

### [What happens to debts after a divorce?](https://goldwaterdroit.com/en/faqs/what-happens-to-debts-after-a-divorce)

Each spouse remains responsible for their own debts unless the debt was jointly incurred or related to family expenses. Under articles 397 and 398 C.c.Q., only common or shared obligations are divided. Debts linked to family property are deducted before partition.

Civil Code of Québec, arts. 397, 398, 415–418, 449, 459, 465, 476 Droit de la famille – 14146 (C.A., 2014) Collection de droit – Famille, Ch. 08 (“Société d’acquêts”), Ch. 07 (“Patrimoine familial”) Loi sur le divorce, s. 15.2 (spousal support impact on debts)

[**Read the full answer**: What happens to debts after a divorce?](https://goldwaterdroit.com/en/faqs/what-happens-to-debts-after-a-divorce)

### [What happens when one spouse used patrimonial assets to pay personal debts?](https://goldwaterdroit.com/en/faqs/what-happens-when-one-spouse-used-patrimonial-assets-to-pay-personal-debts)

If a spouse used family patrimony assets to pay personal debts, the other may claim compensation under C.c.Q. arts. 418, 419, and 462. The court can adjust the final partition.

C.c.Q. art. 418, 419, 462

[**Read the full answer**: What happens when one spouse used patrimonial assets to pay personal debts?](https://goldwaterdroit.com/en/faqs/what-happens-when-one-spouse-used-patrimonial-assets-to-pay-personal-debts)

### [What is a compensatory allowance and who qualifies?](https://goldwaterdroit.com/en/faqs/what-is-a-compensatory-allowance-and-who-qualifies)

A compensatory allowance under articles 427–430 C.c.Q. compensates a spouse who contributed to the other’s enrichment during the marriage or civil union. It must be claimed at the time of divorce or dissolution and depends on proof of contribution, enrichment, and deprivation.

[C.c.Q. arts. 427–430 ; Droit de la famille – 161944 (C.A., 2016) ; Droit de la famille – 20173 (C.A., 2020)]

[**Read the full answer**: What is a compensatory allowance and who qualifies?](https://goldwaterdroit.com/en/faqs/what-is-a-compensatory-allowance-and-who-qualifies)

### [What is considered family patrimony in Quebec?](https://goldwaterdroit.com/en/faqs/what-is-considered-family-patrimony-in-quebec)

Family patrimony, under articles 414–426 C.c.Q., includes the family residence, furniture used by the household, family vehicles, and registered pension or retirement plans. Its value is divided equally upon divorce or dissolution, regardless of ownership.

Civil Code of Québec, arts. 414–426 Act to promote economic equality between spouses, L.Q. 1989, c. 55 Collection de droit – Famille, Ch. 07 (Patrimoine familial) Droit de la famille – 14146 (C.A., 2014)

[**Read the full answer**: What is considered family patrimony in Quebec?](https://goldwaterdroit.com/en/faqs/what-is-considered-family-patrimony-in-quebec)

### [What is the impact of bankruptcy on the partition of family patrimony rights?](https://goldwaterdroit.com/en/faqs/what-is-the-impact-of-bankruptcy-on-the-partition-of-family-patrimony-rights)

Under the Bankruptcy and Insolvency Act and C.c.Q. arts. 416–418, a spouse’s patrimony rights are not extinguished by bankruptcy but cannot be exercised against assets vested in the trustee.

C.c.Q. art. 416–418, 423; Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), ss. 67–71

[**Read the full answer**: What is the impact of bankruptcy on the partition of family patrimony rights?](https://goldwaterdroit.com/en/faqs/what-is-the-impact-of-bankruptcy-on-the-partition-of-family-patrimony-rights)

### [What procedural remedies exist when one spouse conceals or dissipates assets?](https://goldwaterdroit.com/en/faqs/what-procedural-remedies-exist-when-one-spouse-conceals-or-dissipates-assets)

A spouse may seek injunctions, freezing orders, or compensation under C.c.Q. arts. 418–419 and C.p.c. arts. 20, 49, 510–511 if the other hides or dissipates assets.

C.c.Q. art. 418, 419, 462; C.p.c. art. 20, 49, 510–511

[**Read the full answer**: What procedural remedies exist when one spouse conceals or dissipates assets?](https://goldwaterdroit.com/en/faqs/what-procedural-remedies-exist-when-one-spouse-conceals-or-dissipates-assets)

### [When does the right to partition the family patrimony arise between ex-spouses?](https://goldwaterdroit.com/en/faqs/when-does-the-right-to-partition-the-family-patrimony-arise-between-ex-spouses)

The right to partition arises upon separation, divorce, annulment, or death, under C.c.Q. arts. 416–417. Property is valued as of the date the marriage ends.

C.c.Q. art. 416, 417, 423

[**Read the full answer**: When does the right to partition the family patrimony arise between ex-spouses?](https://goldwaterdroit.com/en/faqs/when-does-the-right-to-partition-the-family-patrimony-arise-between-ex-spouses)

## Booking a Consultation

### [How do I book a consultation with a lawyer?](https://goldwaterdroit.com/en/faqs/book-consultation-with-lawyer)

Use the filters on our team page to narrow the list by practice area, years of practice, position, or language. Profiles that offer online booking display a **Book Now** button; select it to see that lawyer’s available dates and times and complete the booking form.

[**Read the full answer**: How do I book a consultation with a lawyer?](https://goldwaterdroit.com/en/faqs/book-consultation-with-lawyer)

### [How do I choose the right lawyer for my situation?](https://goldwaterdroit.com/en/faqs/choose-lawyer-for-consultation)

Filter the team by practice area, years of practice, position, or language, then review the lawyers’ profiles. If you are still unsure, [tell us what is happening](https://goldwaterdroit.com/en/our-team#form), and our team will help direct your inquiry.

[**Read the full answer**: How do I choose the right lawyer for my situation?](https://goldwaterdroit.com/en/faqs/choose-lawyer-for-consultation)

### [How soon can I get an appointment?](https://goldwaterdroit.com/en/faqs/consultation-availability)

Availability varies by lawyer and is shown in each lawyer’s online booking calendar. If no suitable time appears, or if you have an approaching court date or other deadline, [send us an inquiry](https://goldwaterdroit.com/en/our-team#form) and clearly identify the date.

[**Read the full answer**: How soon can I get an appointment?](https://goldwaterdroit.com/en/faqs/consultation-availability)

### [How much does a consultation cost?](https://goldwaterdroit.com/en/faqs/consultation-fees-and-payment)

Consultations are one hour. Before taxes, fees generally range from **CA$215 to CA$455 with an associate** and from **CA$455 to CA$975 with a partner**. Within each group, the rate generally reflects the lawyer’s years of experience and years at the Bar. The exact fee is shown in the booking flow, and applicable taxes and the total appear before you confirm.

[**Read the full answer**: How much does a consultation cost?](https://goldwaterdroit.com/en/faqs/consultation-fees-and-payment)

### [What should I expect, and how should I prepare?](https://goldwaterdroit.com/en/faqs/prepare-for-legal-consultation)

The consultation is an opportunity to explain your situation, identify urgent concerns or deadlines, and discuss possible next steps. Have relevant court documents, agreements, correspondence, key dates, and your questions nearby.

[**Read the full answer**: What should I expect, and how should I prepare?](https://goldwaterdroit.com/en/faqs/prepare-for-legal-consultation)

### [Can I reschedule or cancel my consultation?](https://goldwaterdroit.com/en/faqs/reschedule-or-cancel-consultation)

If your plans change, follow any rescheduling or cancellation instructions provided with your booking confirmation. If you cannot make the change online, contact the firm as soon as possible and have your appointment details ready.

[**Read the full answer**: Can I reschedule or cancel my consultation?](https://goldwaterdroit.com/en/faqs/reschedule-or-cancel-consultation)

## Child & Spousal Support

### [What is the difference between child support and spousal support in Quebec?](https://goldwaterdroit.com/en/faqs/difference-between-child-and-spousal-support-quebec)

Child support is for the child and follows a set income-based formula; spousal support is for a spouse and is discretionary, based on needs, means, circumstances, and time to become self-sufficient (art. 587 C.c.Q.). They are also taxed differently.

Civil Code of Québec, arts. 585, 587 (support; needs and means) Regulation respecting the determination of child support payments (child support formula) Divorce Act, ss. 15.1–15.2

[**Read the full answer**: What is the difference between child support and spousal support in Quebec?](https://goldwaterdroit.com/en/faqs/difference-between-child-and-spousal-support-quebec)

### [Does a new spouse or partner affect support in Quebec?](https://goldwaterdroit.com/en/faqs/does-a-new-partner-affect-support-quebec)

Child support is owed by the child's own parents according to their means, so a new partner does not assume it. Spousal support is more sensitive: a new relationship can be part of the circumstances a court weighs when support is reviewed under art. 587 C.c.Q.

Civil Code of Québec, art. 587 (needs, means and circumstances) Divorce Act, s. 17 (variation)

[**Read the full answer**: Does a new spouse or partner affect support in Quebec?](https://goldwaterdroit.com/en/faqs/does-a-new-partner-affect-support-quebec)

### [Do Quebec or federal child support guidelines apply?](https://goldwaterdroit.com/en/faqs/quebec-or-federal-child-support-guidelines)

Where both parents reside in Quebec, the Quebec child-support model applies and replaces the federal rules. The federal Divorce Act guidelines apply where the parents live in different provinces.

Divorce Act, ss. 2(1), 15.1 (provincial guidelines designation) Regulation respecting the determination of child support payments (Quebec model)

[**Read the full answer**: Do Quebec or federal child support guidelines apply?](https://goldwaterdroit.com/en/faqs/quebec-or-federal-child-support-guidelines)

### [Is spousal support taxable?](https://goldwaterdroit.com/en/faqs/alimony-spousal-support-taxable)

The Canada Revenue Agency allows you to deduct legal fees incurred to increase support, to defend against a claim to decrease support, or to collect unpaid support. Fees to establish child support for the first time are also deductible. Fees for the divorce itself are not tax-deductible.

Revenu Québec has the same rules save that the payor of support (rather than just the recipient, as in the case for the Canada Revenue Agency) can also deduct legal fees relating to the establishment or modification of support.

[**Read the full answer**: Is spousal support taxable?](https://goldwaterdroit.com/en/faqs/alimony-spousal-support-taxable)

### [Can child support be changed after a divorce?](https://goldwaterdroit.com/en/faqs/can-child-support-be-changed-after-a-divorce)

Yes. Under section 17 of the Divorce Act and articles 594–596.1 C.c.Q., a court may vary or cancel child support if there is a significant change in circumstances. In Quebec, simpler cases can be adjusted through the SARPA administrative service.

Divorce Act, s. 17 Civil Code of Québec, arts. 594–596.1 Act to promote access to justice through the establishment of the SARPA, CQLR c. A-13.1 Droit de la famille – 20173 (QCCA, 2020)

[**Read the full answer**: Can child support be changed after a divorce?](https://goldwaterdroit.com/en/faqs/can-child-support-be-changed-after-a-divorce)

### [Is Child Support Taxable?](https://goldwaterdroit.com/en/faqs/child-support-taxable)

The Canada Revenue Agency allows you to deduct legal fees incurred to increase support, to defend against a claim to decrease support, or to collect unpaid support. Fees to establish child support for the first time are also deductible. Fees for the divorce itself are not tax-deductible.

Revenu Québec has the same rules save that the payor of support (rather than just the recipient, as in the case for the Canada Revenue Agency) can also deduct legal fees relating to the establishment or modification of support.

[**Read the full answer**: Is Child Support Taxable?](https://goldwaterdroit.com/en/faqs/child-support-taxable)

### [Deductibility of Legal Fees Incurred to Claim or Collect Support](https://goldwaterdroit.com/en/faqs/deductibility-legal-fees-incurred-claim-or-collect-support)

The Canada Revenue Agency allows you to deduct legal fees incurred to increase support, to defend against a claim to decrease support, or to collect unpaid support. Fees to establish child support for the first time are also deductible. Fees for the divorce itself are not tax-deductible.

Revenu Québec has the same rules save that the payor of support (rather than just the recipient, as in the case for the Canada Revenue Agency) can also deduct legal fees relating to the establishment or modification of support.

[**Read the full answer**: Deductibility of Legal Fees Incurred to Claim or Collect Support](https://goldwaterdroit.com/en/faqs/deductibility-legal-fees-incurred-claim-or-collect-support)

### [How is child support calculated in Quebec?](https://goldwaterdroit.com/en/faqs/how-is-child-support-calculated-in-quebec)

Child support in Quebec is calculated using the provincial Child Support Determination Form and Table, based on both parents’ gross income, the number of children, custody time, and special expenses. Articles 587–590 C.c.Q. and sections 1–9 of the Regulation govern the formula.

Civil Code of Québec, arts. 587–590 Regulation respecting the determination of child support payments, ss. 1–9, annex I (basic contribution table) Federal Child Support Guidelines, s. 3(3)(b) Cases: Droit de la famille – 3165 (C.A., 1998), G.G. (G.N.) v. A. (E.) (QCCS, 2006), Droit de la famille – 211028 (QCCA, 2021)

[**Read the full answer**: How is child support calculated in Quebec?](https://goldwaterdroit.com/en/faqs/how-is-child-support-calculated-in-quebec)

### [How is spousal support calculated in Quebec?](https://goldwaterdroit.com/en/faqs/how-is-spousal-support-calculated-in-quebec)

Yes. Under section 17 of the Divorce Act and articles 594 and 595 C.c.Q., a court may modify or cancel child support if there is a significant change in circumstances. Adjustments can also be made administratively through SARPA in Quebec.

C.c.Q. art. 585–587; Loi sur le divorce art. 15.2, 17; Lignes directrices facultatives sur les pensions alimentaires pour époux (Justice Canada, 2020); Droit de la famille – 152152 (C.A., 2015)

[**Read the full answer**: How is spousal support calculated in Quebec?](https://goldwaterdroit.com/en/faqs/how-is-spousal-support-calculated-in-quebec)

### [How long does child support last in Quebec?](https://goldwaterdroit.com/en/faqs/how-long-does-child-support-last-in-quebec)

Child support in Québec lasts until the child becomes self-sufficient. It usually continues past age 18 if the child is studying or dependent, under C.c.Q. arts. 585–587 and Divorce Act s. 15.1.

C.c.Q. art. 585–587; Divorce Act, s. 15.1; Federal Child Support Guidelines, s. 2(1) (“child of the marriage”)

[**Read the full answer**: How long does child support last in Quebec?](https://goldwaterdroit.com/en/faqs/how-long-does-child-support-last-in-quebec)

### [How should I negotiate alimony with my spouse?](https://goldwaterdroit.com/en/faqs/how-should-i-negotiate-alimony-my-spouse)

The Canada Revenue Agency allows you to deduct legal fees incurred to increase support, to defend against a claim to decrease support, or to collect unpaid support. Fees to establish child support for the first time are also deductible. Fees for the divorce itself are not tax-deductible.

Revenu Québec has the same rules save that the payor of support (rather than just the recipient, as in the case for the Canada Revenue Agency) can also deduct legal fees relating to the establishment or modification of support.

[**Read the full answer**: How should I negotiate alimony with my spouse?](https://goldwaterdroit.com/en/faqs/how-should-i-negotiate-alimony-my-spouse)

### [My kid is in college and has a job, can I stop payin child support?](https://goldwaterdroit.com/en/faqs/my-kid-is-in-college-and-has-a-job-can-i-stop-payin-child-support)

Not automatically. In Québec, child support continues if the child remains dependent, even with a part-time job, under C.c.Q. arts. 585–587 and Divorce Act s. 15.1.

C.c.Q. art. 585–587; Divorce Act, s. 15.1; Federal Child Support Guidelines, s. 2(1) (“child of the marriage”)

[**Read the full answer**: My kid is in college and has a job, can I stop payin child support?](https://goldwaterdroit.com/en/faqs/my-kid-is-in-college-and-has-a-job-can-i-stop-payin-child-support)

### [Support Payments - When are they Taxable or Deductible?](https://goldwaterdroit.com/en/faqs/support-payments-when-are-they-taxable-or-deductible)

The Canada Revenue Agency allows you to deduct legal fees incurred to increase support, to defend against a claim to decrease support, or to collect unpaid support. Fees to establish child support for the first time are also deductible. Fees for the divorce itself are not tax-deductible.

Revenu Québec has the same rules save that the payor of support (rather than just the recipient, as in the case for the Canada Revenue Agency) can also deduct legal fees relating to the establishment or modification of support.

[**Read the full answer**: Support Payments - When are they Taxable or Deductible?](https://goldwaterdroit.com/en/faqs/support-payments-when-are-they-taxable-or-deductible)

### [What is alimony (spousal support)?](https://goldwaterdroit.com/en/faqs/what-alimony-spousal-support)

The Canada Revenue Agency allows you to deduct legal fees incurred to increase support, to defend against a claim to decrease support, or to collect unpaid support. Fees to establish child support for the first time are also deductible. Fees for the divorce itself are not tax-deductible.

Revenu Québec has the same rules save that the payor of support (rather than just the recipient, as in the case for the Canada Revenue Agency) can also deduct legal fees relating to the establishment or modification of support.

[**Read the full answer**: What is alimony (spousal support)?](https://goldwaterdroit.com/en/faqs/what-alimony-spousal-support)

### [What is child support?](https://goldwaterdroit.com/en/faqs/what-child-support)

The Canada Revenue Agency allows you to deduct legal fees incurred to increase support, to defend against a claim to decrease support, or to collect unpaid support. Fees to establish child support for the first time are also deductible. Fees for the divorce itself are not tax-deductible.

Revenu Québec has the same rules save that the payor of support (rather than just the recipient, as in the case for the Canada Revenue Agency) can also deduct legal fees relating to the establishment or modification of support.

[**Read the full answer**: What is child support?](https://goldwaterdroit.com/en/faqs/what-child-support)

### [What expenses are covered by child support?](https://goldwaterdroit.com/en/faqs/what-expenses-are-covered-by-child-support)

Child support covers a child’s basic needs—food, housing, clothing, health care, personal care, transportation, and recreation—under article 587.1 C.c.Q. and the Québec Child Support Regulation. Special or extraordinary expenses, such as child care, private school, medical, or extracurricular costs, are added separately under section 7 of the Federal Child Support Guidelines.

Civil Code of Québec, arts. 587.1–587.2 Federal Child Support Guidelines, s. 7(1)(a)–(f) Regulation respecting the determination of child support payments, ss. 1–5 Cases: Droit de la famille – 3613, L. (M.) v. M. (D.) (Qc Sup. Ct.), Droit de la famille – 143104

[**Read the full answer**: What expenses are covered by child support?](https://goldwaterdroit.com/en/faqs/what-expenses-are-covered-by-child-support)

### [When does spousal support end in Quebec?](https://goldwaterdroit.com/en/faqs/when-does-spousal-support-end-in-quebec)

Spousal support in Québec ends when the recipient becomes self-sufficient, remarries, or by court decision under C.c.Q. arts. 585–587 and Divorce Act s. 15.3.

C.c.Q. art. 585–587; Divorce Act, s. 15.3

[**Read the full answer**: When does spousal support end in Quebec?](https://goldwaterdroit.com/en/faqs/when-does-spousal-support-end-in-quebec)

## Common-Law Spouses

### [Can I claim compensation or recourse for unjust enrichment if I am not married?](https://goldwaterdroit.com/en/faqs/can-i-claim-compensation-or-recourse-for-unjust-enrichment-if-i-am-not-married)

Yes, unmarried partners in Québec may claim unjust enrichment under C.c.Q. arts. 1493–1496, but it requires proof of enrichment, impoverishment, and no legal justification.

C.c.Q. art. 1493–1496; C.c.Q. art. 585; Kerr v. Baranow, 2011 SCC 10

[**Read the full answer**: Can I claim compensation or recourse for unjust enrichment if I am not married?](https://goldwaterdroit.com/en/faqs/can-i-claim-compensation-or-recourse-for-unjust-enrichment-if-i-am-not-married)

### [How to prove unjust enrichment before Quebec courts?](https://goldwaterdroit.com/en/faqs/how-to-prove-unjust-enrichment-before-quebec-courts)

To prove unjust enrichment, you must show enrichment, impoverishment, a causal link, absence of justification, and no other legal remedy under C.c.Q. arts. 1493–1496.

C.c.Q. art. 1493–1496; Kerr v. Baranow, 2011 SCC 10

[**Read the full answer**: How to prove unjust enrichment before Quebec courts?](https://goldwaterdroit.com/en/faqs/how-to-prove-unjust-enrichment-before-quebec-courts)

### [What options exist for de facto spouses who separate without being protected by family patrimony?](https://goldwaterdroit.com/en/faqs/what-options-exist-for-de-facto-spouses-who-separate-without-being-protected-by-family-patrimony)

Unmarried partners are not covered by family patrimony. They may seek remedies like unjust enrichment or co-ownership under C.c.Q. arts. 1493–1496 or 585.

C.c.Q. art. 1493–1496; C.c.Q. art. 585; Kerr v. Baranow, 2011 SCC 10

[**Read the full answer**: What options exist for de facto spouses who separate without being protected by family patrimony?](https://goldwaterdroit.com/en/faqs/what-options-exist-for-de-facto-spouses-who-separate-without-being-protected-by-family-patrimony)

## Divorce & Separation

### [What are grounds for divorce in Quebec?](https://goldwaterdroit.com/en/faqs/what-are-grounds-divorce-quebec)

Under Canada’s Divorce Act, a divorce may be granted when the marriage has broken down. Marriage breakdown can be established by living separate and apart for at least one year, adultery, or physical or mental cruelty that makes continued cohabitation intolerable. One year of separation is the most common ground.

[**Read the full answer**: What are grounds for divorce in Quebec?](https://goldwaterdroit.com/en/faqs/what-are-grounds-divorce-quebec)

## Estates & Successions Disputes

### [Can the right to partition be exercised by succession after a spouse’s death?](https://goldwaterdroit.com/en/faqs/can-the-right-to-partition-be-exercised-by-succession-after-a-spouses-death)

Yes. Under C.c.Q. arts. 416, 423, and 465, the deceased spouse’s heirs may exercise the right to partition on behalf of the estate, unless the surviving spouse has renounced it.

C.c.Q. art. 416, 423, 465

[**Read the full answer**: Can the right to partition be exercised by succession after a spouse’s death?](https://goldwaterdroit.com/en/faqs/can-the-right-to-partition-be-exercised-by-succession-after-a-spouses-death)

## Family Law

### [Can a cohabitation agreement decide child custody in Quebec?](https://goldwaterdroit.com/en/faqs/can-a-cohabitation-agreement-decide-child-custody-quebec)

Only up to a point. Partners can address financial and property matters between themselves, but decisions about the children—custody, parenting time, and child support—are always governed by the child's best interests (art. 33 C.c.Q.) and cannot be fixed in a way that binds a court against the child's interest.

Civil Code of Québec, art. 33 (best interests of the child) Civil Code of Québec, arts. 599–600 (parental authority)

[**Read the full answer**: Can a cohabitation agreement decide child custody in Quebec?](https://goldwaterdroit.com/en/faqs/can-a-cohabitation-agreement-decide-child-custody-quebec)

### [Can my spouse sell the family home without my consent in Quebec?](https://goldwaterdroit.com/en/faqs/can-a-spouse-sell-the-family-home-without-consent)

No. Under arts. 401–407 C.c.Q., a spouse who alone owns the family residence cannot sell, mortgage, or lease it—or the furniture in it—without the other spouse's consent. A declaration of family residence can be registered to protect it.

Civil Code of Québec, arts. 401–407 (protection of the family residence) Civil Code of Québec, art. 404 (alienation of an immovable with fewer than five dwellings) Parental union: C.c.Q. arts. 521.23–521.27 (family residence in a parental union)

[**Read the full answer**: Can my spouse sell the family home without my consent in Quebec?](https://goldwaterdroit.com/en/faqs/can-a-spouse-sell-the-family-home-without-consent)

### [Can I get divorced in Quebec if my spouse does not agree?](https://goldwaterdroit.com/en/faqs/can-i-divorce-if-my-spouse-does-not-agree-quebec)

Yes. Divorce does not require both spouses to consent; one spouse can apply on the ground of one year's separation (s. 8 Divorce Act). Disagreement may make other issues contested, but it does not prevent the divorce itself.

Divorce Act, ss. 8(1), 8(2)(a) (breakdown; one-year separation)

[**Read the full answer**: Can I get divorced in Quebec if my spouse does not agree?](https://goldwaterdroit.com/en/faqs/can-i-divorce-if-my-spouse-does-not-agree-quebec)

### [Can I protect my business in a divorce in Quebec?](https://goldwaterdroit.com/en/faqs/can-i-protect-my-business-in-a-divorce-quebec)

It depends on how the business is held and funded. A company owned before the marriage is generally private property under art. 450 C.c.Q., but value built during the union, and family use of business-held property, can bring it into play. Businesses need early legal and valuation advice.

Civil Code of Québec, art. 450 (private property) Civil Code of Québec, arts. 448–460 (acquests; value built during the union)

[**Read the full answer**: Can I protect my business in a divorce in Quebec?](https://goldwaterdroit.com/en/faqs/can-i-protect-my-business-in-a-divorce-quebec)

### [Can I stay in the family home during a divorce in Quebec?](https://goldwaterdroit.com/en/faqs/can-i-stay-in-the-family-home-during-divorce-quebec)

Possibly. Among the provisional measures a court can order is granting a spouse the right to use the family residence while the divorce proceeds. Which spouse stays often turns on the children's stability and each spouse's situation.

Civil Code of Québec, arts. 409–410 (use of the family residence) Code of Civil Procedure (provisional and safeguard measures)

[**Read the full answer**: Can I stay in the family home during a divorce in Quebec?](https://goldwaterdroit.com/en/faqs/can-i-stay-in-the-family-home-during-divorce-quebec)

### [Can we use a free cohabitation agreement template we found online in Quebec?](https://goldwaterdroit.com/en/faqs/can-we-use-a-free-cohabitation-agreement-template-quebec)

You can, but it is risky. A cohabitation agreement is a real contract, and a vague, incomplete, or one-sided template can fail to do what you intended—or be open to challenge—exactly when you rely on it. Because de facto partners have few default protections, the drafting carries the weight.

Civil Code of Québec, arts. 1377 et seq. (contracts) Civil Code of Québec, arts. 391 et seq. (few default rights for de facto spouses)

[**Read the full answer**: Can we use a free cohabitation agreement template we found online in Quebec?](https://goldwaterdroit.com/en/faqs/can-we-use-a-free-cohabitation-agreement-template-quebec)

### [What is the difference between a contested and uncontested divorce in Quebec?](https://goldwaterdroit.com/en/faqs/difference-between-contested-and-uncontested-divorce-quebec)

An uncontested divorce is one where spouses agree on everything—parenting, support, and property—and often proceed by joint application on a draft agreement under art. 430 C.p.c., usually without a trial. A contested divorce leaves issues for a judge to decide.

Code of Civil Procedure, art. 430 (joint application on a draft agreement) Divorce Act, s. 8 (breakdown of the marriage)

[**Read the full answer**: What is the difference between a contested and uncontested divorce in Quebec?](https://goldwaterdroit.com/en/faqs/difference-between-contested-and-uncontested-divorce-quebec)

### [What is the difference between the family patrimony and my matrimonial regime in Quebec?](https://goldwaterdroit.com/en/faqs/difference-between-family-patrimony-and-matrimonial-regime-quebec)

They are two separate layers. The family patrimony (arts. 414–426 C.c.Q.) is shared equally and cannot be excluded; your matrimonial regime—by default the partnership of acquests (art. 432)—governs the rest of your property and can be changed by marriage contract.

Civil Code of Québec, arts. 414–426 (family patrimony) Civil Code of Québec, arts. 432, 448–484 (partnership of acquests)

[**Read the full answer**: What is the difference between the family patrimony and my matrimonial regime in Quebec?](https://goldwaterdroit.com/en/faqs/difference-between-family-patrimony-and-matrimonial-regime-quebec)

### [What is the difference between a legal separation and a divorce in Quebec?](https://goldwaterdroit.com/en/faqs/difference-between-legal-separation-and-divorce-quebec)

A legal separation (separation from bed and board) relieves spouses of the duty to live together and can settle support and property, but it does not dissolve the marriage—you cannot remarry. A divorce ends the marriage entirely.

Civil Code of Québec, arts. 493–515 (separation from bed and board) Divorce Act (dissolution of the marriage)

[**Read the full answer**: What is the difference between a legal separation and a divorce in Quebec?](https://goldwaterdroit.com/en/faqs/difference-between-legal-separation-and-divorce-quebec)

### [Do common-law couples have the same rights as married couples in Quebec?](https://goldwaterdroit.com/en/faqs/do-common-law-couples-have-the-same-rights-as-married-quebec)

No. Marriage and civil union are the only unions recognized in Quebec civil law, and the rights and duties of spouses do not apply to de facto partners—confirmed by the Supreme Court in Quebec (Attorney General) v. A, 2013 SCC 5. Living together does not by itself create sharing or support rights.

Civil Code of Québec, arts. 391 et seq. (effects of marriage do not apply to de facto spouses) Case: Quebec (Attorney General) v. A, 2013 SCC 5

[**Read the full answer**: Do common-law couples have the same rights as married couples in Quebec?](https://goldwaterdroit.com/en/faqs/do-common-law-couples-have-the-same-rights-as-married-quebec)

### [Do we still need a cohabitation agreement if we have a child in Quebec?](https://goldwaterdroit.com/en/faqs/do-we-still-need-a-cohabitation-agreement-if-we-have-a-child-quebec)

Often, yes. The parental union regime gives common-law parents some automatic protections, but it is narrower than the rules for married spouses and does not cover everything. A cohabitation agreement can complement the regime and address what it leaves open.

Civil Code of Québec, arts. 521.20–521.42 (parental union) Civil Code of Québec, arts. 1377 et seq. (contracts)

[**Read the full answer**: Do we still need a cohabitation agreement if we have a child in Quebec?](https://goldwaterdroit.com/en/faqs/do-we-still-need-a-cohabitation-agreement-if-we-have-a-child-quebec)

### [Do you have to be separated for a year before divorcing in Quebec?](https://goldwaterdroit.com/en/faqs/do-you-have-to-be-separated-a-year-before-divorce-quebec)

Not to file, but the most common ground—living separate and apart for at least one year—must be established before the divorce is granted (s. 8(2)(a) Divorce Act). A reconciliation attempt of up to 90 days does not reset the clock (s. 8(3)).

Divorce Act, ss. 8(2)(a), 8(3) (one year separation; computation)

[**Read the full answer**: Do you have to be separated for a year before divorcing in Quebec?](https://goldwaterdroit.com/en/faqs/do-you-have-to-be-separated-a-year-before-divorce-quebec)

### [Does a marriage contract have to be notarized in Quebec?](https://goldwaterdroit.com/en/faqs/does-a-marriage-contract-have-to-be-notarized-quebec)

Yes. Under art. 440 C.c.Q., a marriage contract must be made by notarial act en minute—before a notary. It is not a document you can simply sign at home, and that formality is part of what makes it effective.

Civil Code of Québec, art. 440 (marriage contract by notarial act en minute)

[**Read the full answer**: Does a marriage contract have to be notarized in Quebec?](https://goldwaterdroit.com/en/faqs/does-a-marriage-contract-have-to-be-notarized-quebec)

### [Does a marriage contract protect my assets in Quebec?](https://goldwaterdroit.com/en/faqs/does-a-marriage-contract-protect-my-assets-quebec)

Partly. A marriage contract can set your matrimonial regime—for example, separation as to property—which affects property outside the family patrimony (arts. 431, 438 C.c.Q.). It cannot override the family patrimony (arts. 414–426), so it is a real but limited tool.

Civil Code of Québec, arts. 431, 438 (matrimonial regime by contract) Civil Code of Québec, arts. 414–426 (family patrimony cannot be excluded)

[**Read the full answer**: Does a marriage contract protect my assets in Quebec?](https://goldwaterdroit.com/en/faqs/does-a-marriage-contract-protect-my-assets-quebec)

### [Does my child have a right to be heard in a custody case in Quebec?](https://goldwaterdroit.com/en/faqs/does-my-child-have-a-right-to-be-heard-quebec)

Yes. Under art. 34 C.c.Q., a child has the right to be heard by the court if their age and understanding allow. Being heard is not the same as deciding—the court weighs the child's views as part of the best-interests analysis (art. 33).

Civil Code of Québec, art. 34 (right to be heard) Civil Code of Québec, art. 33 (best interests)

[**Read the full answer**: Does my child have a right to be heard in a custody case in Quebec?](https://goldwaterdroit.com/en/faqs/does-my-child-have-a-right-to-be-heard-quebec)

### [Does my child have a right to a relationship with grandparents in Quebec?](https://goldwaterdroit.com/en/faqs/does-my-child-have-a-right-to-see-grandparents-quebec)

Under art. 611 C.c.Q., a parent cannot, without a serious reason, interfere in the personal relations between the child and the grandparents. Disputes are decided on the child's best interests (art. 33).

Civil Code of Québec, art. 611 (relations between the child and grandparents) Civil Code of Québec, art. 33 (best interests)

[**Read the full answer**: Does my child have a right to a relationship with grandparents in Quebec?](https://goldwaterdroit.com/en/faqs/does-my-child-have-a-right-to-see-grandparents-quebec)

### [Does my child have their own lawyer in a family case in Quebec?](https://goldwaterdroit.com/en/faqs/does-my-child-have-their-own-lawyer-quebec)

In a dispute, a child of sufficient understanding can be represented, and in youth protection proceedings the child is represented by their own lawyer, independent of the parents (s. 78 LPJ). The child's lawyer gives effect to the child's rights, not a parent's side.

Civil Code of Québec, art. 34 (child heard) Youth Protection Act, s. 78 (representation of the child)

[**Read the full answer**: Does my child have their own lawyer in a family case in Quebec?](https://goldwaterdroit.com/en/faqs/does-my-child-have-their-own-lawyer-quebec)

### [Does it matter whose name is on the title or mortgage of the family home?](https://goldwaterdroit.com/en/faqs/does-title-or-mortgage-name-matter-family-home-quebec)

No. Under art. 415 C.c.Q. the family residence is in the family patrimony whether one spouse or the other owns it. The law shares the net value, not title, so the owner keeps the asset but owes the other half of its net value (art. 416).

Civil Code of Québec, art. 415 (patrimony covers property owned by either spouse) Civil Code of Québec, art. 416 (equal division of net value)

[**Read the full answer**: Does it matter whose name is on the title or mortgage of the family home?](https://goldwaterdroit.com/en/faqs/does-title-or-mortgage-name-matter-family-home-quebec)

### [Do family residence protections apply if we rent our home in Quebec?](https://goldwaterdroit.com/en/faqs/family-residence-protection-if-we-rent-quebec)

Yes for protection, but not for sharing. Under arts. 401–407 C.c.Q. the family-residence protections apply to a rented home, so a spouse cannot deal with the lease unilaterally. However, a simple residential lease is not a family-patrimony asset under art. 415.

Civil Code of Québec, arts. 401–407 (protection of the family residence, including the lease) Civil Code of Québec, art. 415 (a simple residential lease is not a family-patrimony asset)

[**Read the full answer**: Do family residence protections apply if we rent our home in Quebec?](https://goldwaterdroit.com/en/faqs/family-residence-protection-if-we-rent-quebec)

### [How are bank accounts and investments divided in a Quebec divorce?](https://goldwaterdroit.com/en/faqs/how-are-bank-accounts-and-investments-divided-quebec)

Under the default partnership of acquests, money and investments acquired during the marriage from earnings or other acquests are generally shared in value, while property owned before the marriage or received by gift or inheritance is generally private property (arts. 448–450 C.c.Q.). Tracing the source is key.

Civil Code of Québec, arts. 448–450 (acquests and private property) Civil Code of Québec, art. 449 (income and fruits as acquests)

[**Read the full answer**: How are bank accounts and investments divided in a Quebec divorce?](https://goldwaterdroit.com/en/faqs/how-are-bank-accounts-and-investments-divided-quebec)

### [How do I change a custody order in Quebec?](https://goldwaterdroit.com/en/faqs/how-do-i-change-a-custody-order-in-quebec)

You generally must show a material change in circumstances since the last order, after which the court re-examines what now serves the child's best interests (s. 17 Divorce Act; art. 33 C.c.Q.). Minor disagreements are not enough.

Divorce Act, s. 17 (variation) Civil Code of Québec, art. 33 (best interests)

[**Read the full answer**: How do I change a custody order in Quebec?](https://goldwaterdroit.com/en/faqs/how-do-i-change-a-custody-order-in-quebec)

### [How does the parental union regime affect common-law couples in Quebec?](https://goldwaterdroit.com/en/faqs/how-does-the-parental-union-regime-affect-common-law-couples-quebec)

Since June 30, 2025, the parental union regime automatically gives common-law parents who have a child together certain protections—a parental union patrimony and family-residence protections (arts. 521.20–521.42 C.c.Q.). It does not apply to childless couples, and its scope and transitional rules should be confirmed.

Act to reform family law and establish the parental union regime (L.Q. 2024, c. 22) Civil Code of Québec, arts. 521.20–521.42 (parental union), in force 30 June 2025

[**Read the full answer**: How does the parental union regime affect common-law couples in Quebec?](https://goldwaterdroit.com/en/faqs/how-does-the-parental-union-regime-affect-common-law-couples-quebec)

### [How long does a divorce take in Quebec?](https://goldwaterdroit.com/en/faqs/how-long-does-a-divorce-take-in-quebec)

There is no fixed timeline. An uncontested file can move relatively quickly once the agreement and proof are in order, while a contested file takes longer. The one-year separation ground under s. 8 of the Divorce Act must be met before the divorce is granted.

Divorce Act, s. 8 (one-year separation ground) Code of Civil Procedure, art. 430 (joint application)

[**Read the full answer**: How long does a divorce take in Quebec?](https://goldwaterdroit.com/en/faqs/how-long-does-a-divorce-take-in-quebec)

### [Is a cohabitation agreement legally binding in Quebec?](https://goldwaterdroit.com/en/faqs/is-a-cohabitation-agreement-legally-binding-quebec)

Yes. A cohabitation agreement is a contract, and a properly made one is binding and enforceable between the partners under the general law of contracts. As with any contract, how it is drafted matters, so a vague or one-sided agreement can be challenged.

Civil Code of Québec, arts. 1377, 1385, 1425–1432 (formation and interpretation of contracts)

[**Read the full answer**: Is a cohabitation agreement legally binding in Quebec?](https://goldwaterdroit.com/en/faqs/is-a-cohabitation-agreement-legally-binding-quebec)

### [Is a cottage or second home part of the family patrimony in Quebec?](https://goldwaterdroit.com/en/faqs/is-a-cottage-or-second-home-part-of-family-patrimony-quebec)

It can be. Under art. 415 C.c.Q., a secondary residence—or even a right to use one the family does not own outright—can be part of the family patrimony where the family genuinely used and controlled it. The analysis is fact-specific.

Civil Code of Québec, art. 415 (residences and rights conferring their use)

[**Read the full answer**: Is a cottage or second home part of the family patrimony in Quebec?](https://goldwaterdroit.com/en/faqs/is-a-cottage-or-second-home-part-of-family-patrimony-quebec)

### [Is a TFSA (CELI) shared in a Quebec divorce?](https://goldwaterdroit.com/en/faqs/is-a-tfsa-celi-shared-in-a-quebec-divorce)

A TFSA is not a retirement plan, so it is not part of the family patrimony under art. 415 C.c.Q. If funded during the marriage out of acquests, its value is generally shared as an acquest; if it came from private property, the analysis differs.

Civil Code of Québec, art. 415 (a TFSA is not a retirement plan, so not family patrimony) Civil Code of Québec, arts. 448–450 (acquests under the partnership of acquests)

[**Read the full answer**: Is a TFSA (CELI) shared in a Quebec divorce?](https://goldwaterdroit.com/en/faqs/is-a-tfsa-celi-shared-in-a-quebec-divorce)

### [Is going to court the only way to resolve a custody dispute in Quebec?](https://goldwaterdroit.com/en/faqs/is-court-the-only-way-to-resolve-custody-quebec)

No. Many parenting disputes are resolved by negotiation or family mediation, and Quebec actively channels family matters toward mediation before or instead of a contested hearing. Court remains available when agreement is not possible or not safe.

Code of Civil Procedure, arts. 1–7 (private dispute resolution) Code of Civil Procedure, art. 417 (parenting and mediation information session)

[**Read the full answer**: Is going to court the only way to resolve a custody dispute in Quebec?](https://goldwaterdroit.com/en/faqs/is-court-the-only-way-to-resolve-custody-quebec)

### [Is life insurance divided in a Quebec divorce?](https://goldwaterdroit.com/en/faqs/is-life-insurance-divided-in-a-quebec-divorce)

Generally, life insurance is not part of the family patrimony under art. 415 C.c.Q. Its value is instead dealt with under your matrimonial regime—by default the partnership of acquests (arts. 450–451)—and the beneficiary designation matters.

Civil Code of Québec, art. 415 (family patrimony list does not include life insurance) Civil Code of Québec, arts. 450–451 (life insurance under the partnership of acquests)

[**Read the full answer**: Is life insurance divided in a Quebec divorce?](https://goldwaterdroit.com/en/faqs/is-life-insurance-divided-in-a-quebec-divorce)

### [Is the family home part of the family patrimony in Quebec?](https://goldwaterdroit.com/en/faqs/is-the-family-home-part-of-family-patrimony-quebec)

Yes. Under art. 415 C.c.Q., the family residence is part of the family patrimony, and art. 416 requires its net value to be divided equally when the marriage or civil union ends, regardless of which spouse owns it.

Civil Code of Québec, arts. 415–416 (composition and equal division of the family patrimony)

[**Read the full answer**: Is the family home part of the family patrimony in Quebec?](https://goldwaterdroit.com/en/faqs/is-the-family-home-part-of-family-patrimony-quebec)

### [Did the 2021 Divorce Act change how custody works in Quebec?](https://goldwaterdroit.com/en/faqs/parenting-time-vs-custody-2021-divorce-act-changes)

Yes. Since March 1, 2021, the Divorce Act replaced 'custody and access' with 'parenting time' and 'decision-making responsibility,' set out a non-exhaustive list of best-interests factors, and made family violence a mandatory consideration (s. 16).

Divorce Act, ss. 16, 16.1–16.96 (best interests; parenting orders; relocation), in force 1 March 2021

[**Read the full answer**: Did the 2021 Divorce Act change how custody works in Quebec?](https://goldwaterdroit.com/en/faqs/parenting-time-vs-custody-2021-divorce-act-changes)

### [What happens to assets I owned before marriage in a Quebec divorce?](https://goldwaterdroit.com/en/faqs/what-happens-to-assets-i-owned-before-marriage-quebec)

Under the partnership of acquests, property you owned before the marriage is generally your own ('private property') under art. 450 C.c.Q., though income it produces during the marriage can be acquests. The exception is family-patrimony assets, shared by value if used by the family.

Civil Code of Québec, art. 450 (private property under the partnership of acquests) Civil Code of Québec, arts. 414–426 (family patrimony)

[**Read the full answer**: What happens to assets I owned before marriage in a Quebec divorce?](https://goldwaterdroit.com/en/faqs/what-happens-to-assets-i-owned-before-marriage-quebec)

### [What is a cohabitation agreement in Quebec and what can it cover?](https://goldwaterdroit.com/en/faqs/what-is-a-cohabitation-agreement-quebec)

A cohabitation agreement (convention de vie commune) is a contract in which common-law partners set the rules for their relationship and its end—property ownership and division, expense sharing, the home, and support between them. Because the law gives de facto partners few default rights, this contract is where protection comes from.

Civil Code of Québec, arts. 1377 et seq. (general law of contracts) Civil Code of Québec, arts. 391 et seq. (de facto spouses have no default regime)

[**Read the full answer**: What is a cohabitation agreement in Quebec and what can it cover?](https://goldwaterdroit.com/en/faqs/what-is-a-cohabitation-agreement-quebec)

### [What is parental authority in Quebec, and who holds it?](https://goldwaterdroit.com/en/faqs/what-is-parental-authority-in-quebec)

Parental authority is the rights and duties parents have over their child—decisions on health, education and upbringing. In Quebec both parents hold and exercise it together by default (arts. 599–600), and separation does not remove it.

Civil Code of Québec, arts. 599–600 (parental authority exercised together) Civil Code of Québec, art. 606 (deprivation of parental authority)

[**Read the full answer**: What is parental authority in Quebec, and who holds it?](https://goldwaterdroit.com/en/faqs/what-is-parental-authority-in-quebec)

### [Which court handles divorce in Quebec?](https://goldwaterdroit.com/en/faqs/which-court-handles-divorce-in-quebec)

The Superior Court of Québec has jurisdiction over divorce. The application is filed in the judicial district of the spouses' common domicile, or of one spouse's domicile (art. 45 C.p.c.).

Divorce Act, s. 2 (jurisdiction) Code of Civil Procedure, art. 45 (judicial district) Civil Code of Québec, art. 517

[**Read the full answer**: Which court handles divorce in Quebec?](https://goldwaterdroit.com/en/faqs/which-court-handles-divorce-in-quebec)

### [Who pays the mortgage during a divorce in Quebec?](https://goldwaterdroit.com/en/faqs/who-pays-the-mortgage-during-a-divorce-quebec)

There is no automatic rule. It is usually addressed by agreement or by a provisional order while the divorce proceeds. Because it is the home's net value that is shared under art. 416 C.c.Q., interim mortgage payments form part of the financial accounting.

Civil Code of Québec, art. 416 (net value of the family patrimony) Code of Civil Procedure, provisional measures (interim orders)

[**Read the full answer**: Who pays the mortgage during a divorce in Quebec?](https://goldwaterdroit.com/en/faqs/who-pays-the-mortgage-during-a-divorce-quebec)

### [What is a provisional order in family law?](https://goldwaterdroit.com/en/faqs/what-is-a-provisional-order-in-family-law)

A provisional order is a temporary court decision made during family proceedings, under C.p.c. arts. 49, 510–511, to protect a child’s or spouse’s immediate interests until final judgment.

C.p.c. art. 49, 510–511; C.c.Q. art. 33, 604; Divorce Act, s. 16

[**Read the full answer**: What is a provisional order in family law?](https://goldwaterdroit.com/en/faqs/what-is-a-provisional-order-in-family-law)

### [What is a safeguard order and how do I request one?](https://goldwaterdroit.com/en/faqs/what-is-a-safeguard-order-and-how-do-i-request-one)

A safeguard order is a short-term emergency measure under C.p.c. arts. 49 and 510–511. It temporarily protects urgent family interests until the court can decide on a provisional order.

C.p.c. art. 49, 510–511; C.c.Q. art. 33, 604

[**Read the full answer**: What is a safeguard order and how do I request one?](https://goldwaterdroit.com/en/faqs/what-is-a-safeguard-order-and-how-do-i-request-one)

## International Child Custody & Hague Convention

### [Can Quebec courts enforce foreign custody orders?](https://goldwaterdroit.com/en/faqs/can-quebec-courts-enforce-foreign-custody-orders)

Yes. Quebec courts can recognize and enforce foreign custody orders if the foreign authority had jurisdiction, due process was respected, and the decision aligns with the child’s best interests. This follows articles 3155–3158 C.c.Q. and the Hague Child Abduction Convention.

Civil Code of Québec, arts. 3155–3158 (recognition and enforcement of foreign judgments) Act respecting the civil aspects of international and interprovincial child abduction (CQLR, c. A-23.01) Convention on the Civil Aspects of International Child Abduction (Hague Convention, 1980) W. (V.) v. S. (D.), [1996] 2 S.C.R. 108, 1996 CanLII 178 (SCC) Droit de la famille – 2067 (QCCA, 1994), Droit de la famille – 072471 (QCCS, 2011)

[**Read the full answer**: Can Quebec courts enforce foreign custody orders?](https://goldwaterdroit.com/en/faqs/can-quebec-courts-enforce-foreign-custody-orders)

### [Can Quebec enforce US custody orders?](https://goldwaterdroit.com/en/faqs/can-quebec-enforce-us-custody-orders)

Yes. Québec can recognize and enforce US custody orders if due process was respected and enforcement serves the child’s best interests under C.c.Q. arts. 3155–3168 and the Child Abduction Act.

C.c.Q. art. 3155–3168; Act respecting the civil aspects of international and interprovincial child abduction, ss. 2–4

[**Read the full answer**: Can Quebec enforce US custody orders?](https://goldwaterdroit.com/en/faqs/can-quebec-enforce-us-custody-orders)

## Parenting, Custody & Access

### [Can a child choose which parent to live with in Quebec?](https://goldwaterdroit.com/en/faqs/can-a-child-choose-which-parent-to-live-with-in-quebec)

No. A child’s preference is influential but not decisive. The court decides custody based on the child’s best interests.

C.c.Q. art. 33–34; Divorce Act s. 16(3); Droit de la famille – 152152 (C.A., 2015); Droit de la famille – 221534 (C.S., 2022)

[**Read the full answer**: Can a child choose which parent to live with in Quebec?](https://goldwaterdroit.com/en/faqs/can-a-child-choose-which-parent-to-live-with-in-quebec)

### [Can I move with my child after divorce in Québec?](https://goldwaterdroit.com/en/faqs/can-i-move-with-my-child-after-divorce-in-qubec)

You must notify the other parent in writing before moving. The court may approve or refuse based on the child’s best interests under Divorce Act ss. 16.8–16.9 and C.c.Q. art. 33.

Divorce Act, ss. 16.8–16.9; C.c.Q. art. 33, 604

[**Read the full answer**: Can I move with my child after divorce in Québec?](https://goldwaterdroit.com/en/faqs/can-i-move-with-my-child-after-divorce-in-qubec)

### [Can I refuse that my child have a vaccine?](https://goldwaterdroit.com/en/faqs/can-i-refuse-that-my-child-have-a-vaccine)

Parents usually decide on vaccination, but the court can override refusal if it endangers the child’s health or violates their best interests under C.c.Q. arts. 33 and 604.

C.c.Q. art. 33, 604, 603; Public Health Act, s. 123

[**Read the full answer**: Can I refuse that my child have a vaccine?](https://goldwaterdroit.com/en/faqs/can-i-refuse-that-my-child-have-a-vaccine)

### [Do grandparents have custody rights in Quebec?](https://goldwaterdroit.com/en/faqs/do-grandparents-have-custody-rights-in-quebec)

Grandparents in Québec can be granted custody or access if it serves the child’s best interests under C.c.Q. arts. 33 and 611, which guarantee a child’s right to maintain personal relationships with grandparents.

C.c.Q. art. 33 and 611

[**Read the full answer**: Do grandparents have custody rights in Quebec?](https://goldwaterdroit.com/en/faqs/do-grandparents-have-custody-rights-in-quebec)

### [How do abuse allegations affect custody in Quebec?](https://goldwaterdroit.com/en/faqs/how-do-abuse-allegations-affect-custody-in-quebec)

Allegations or evidence of abuse or family violence strongly influence custody decisions. Articles 33 and 606 C.c.Q. and section 16 of the Divorce Act require judges to prioritize the child’s safety and best interests, limiting or removing parental time where violence is proven.

Civil Code of Québec, art. 33, 606 Divorce Act, s. 16(2)–(4), (6) Collection de droit – Famille, Ch. 04 (Droit de l’enfant) Droit de la famille – 21402 (QCCS, 2021), Droit de la famille – 181632 (QCCA, 2018)

[**Read the full answer**: How do abuse allegations affect custody in Quebec?](https://goldwaterdroit.com/en/faqs/how-do-abuse-allegations-affect-custody-in-quebec)

### [How do I get an emergency custody order in Quebec?](https://goldwaterdroit.com/en/faqs/how-do-i-get-an-emergency-custody-order-in-quebec)

You can request an emergency custody order before the Superior Court when the child’s safety or welfare is at risk. The court may act ex parte under C.p.c. arts. 49, 510–511 and C.c.Q. art. 33.

C.c.Q. art. 33, 604; C.p.c. art. 49, 510–511; Divorce Act, s. 16

[**Read the full answer**: How do I get an emergency custody order in Quebec?](https://goldwaterdroit.com/en/faqs/how-do-i-get-an-emergency-custody-order-in-quebec)

### [How to enforce a custody order in Quebec?](https://goldwaterdroit.com/en/faqs/how-to-enforce-a-custody-order-in-quebec)

A custody order in Québec is enforced through the Superior Court under C.p.c. arts. 511–512 and C.c.Q. arts. 604, 612. The court can use police assistance or contempt proceedings if needed.

C.c.Q. art. 604, 612; C.p.c. art. 511–512; Act respecting the civil aspects of international and interprovincial child abduction, s. 2

[**Read the full answer**: How to enforce a custody order in Quebec?](https://goldwaterdroit.com/en/faqs/how-to-enforce-a-custody-order-in-quebec)

### [How to get supervised visitation in Quebec?](https://goldwaterdroit.com/en/faqs/how-to-get-supervised-visitation-in-quebec)

Supervised visitation in Québec is ordered when a child’s safety or well-being requires monitoring. The court applies C.c.Q. arts. 33, 604, and 611 to protect the child’s best interests.

C.c.Q. art. 33, 604, 611

[**Read the full answer**: How to get supervised visitation in Quebec?](https://goldwaterdroit.com/en/faqs/how-to-get-supervised-visitation-in-quebec)

### [How to prove parental alienation in Quebec court?](https://goldwaterdroit.com/en/faqs/how-to-prove-parental-alienation-in-quebec-court)

Parental alienation is proven through expert psychological or psychosocial evaluations showing manipulation by one parent causing the child to unjustifiably reject the other. Courts consider behavioural evidence, witness testimony, and the eight Gardner criteria from cases such as Droit de la famille – 12729 (2012) and Droit de la famille – 181632 (2018).

Civil Code of Québec, art. 33 (best interests of the child) Divorce Act, s. 16(3)(c), (i) (parental behavior and cooperation) Droit de la famille – 12729 (QCCS, 2012) Droit de la famille – 181632 (QCCA, 2018) Droit de la famille – 1717 (QCCS, 1993) Francine Cyr, “Parental Alienation: How to Define, Detect, and Intervene” (Développements récents en droit familial, 2010)

[**Read the full answer**: How to prove parental alienation in Quebec court?](https://goldwaterdroit.com/en/faqs/how-to-prove-parental-alienation-in-quebec-court)

### [What does best interest of the child mean in Quebec law?](https://goldwaterdroit.com/en/faqs/what-does-best-interest-of-the-child-mean-in-quebec-law)

In Québec law, the child’s best interest under C.c.Q. art. 33 and Divorce Act s. 16(2) guides all custody and parental decisions, prioritizing the child’s security, development, and stability.

C.c.Q. art. 33; Divorce Act ss. 16(1)–(3); Droit de la famille – 20240 (C.A., 2020)

[**Read the full answer**: What does best interest of the child mean in Quebec law?](https://goldwaterdroit.com/en/faqs/what-does-best-interest-of-the-child-mean-in-quebec-law)

### [What is the difference between shared and sole custody in Quebec?](https://goldwaterdroit.com/en/faqs/what-is-the-difference-between-shared-and-sole-custody-in-quebec)

Shared custody means each parent has the child at least 40% of the time. Sole custody means one parent has primary care while the other has visitation, under C.c.Q. art. 604 and Divorce Act s. 16.

C.c.Q. art. 33, 604; Divorce Act, ss. 16–16.2; Federal Child Support Guidelines, s. 9

[**Read the full answer**: What is the difference between shared and sole custody in Quebec?](https://goldwaterdroit.com/en/faqs/what-is-the-difference-between-shared-and-sole-custody-in-quebec)

## Post-Judgment Motions

### [How do I appeal a family court decision in Quebec?](https://goldwaterdroit.com/en/faqs/how-do-i-appeal-a-family-court-decision-in-quebec)

A party may appeal a family judgment to the Quebec Court of Appeal within 30 days of its notice under article 360 C.p.c. The appeal may address errors of law, fact, or mixed law and fact. The court may confirm, vary, or overturn the decision.

Verification: [C.p.c. art. 30, 352–360 ; Droit de la famille – 181335 (C.A., 2018)]

[**Read the full answer**: How do I appeal a family court decision in Quebec?](https://goldwaterdroit.com/en/faqs/how-do-i-appeal-a-family-court-decision-in-quebec)

## Youth Protection

### [Can DPJ take my child without a court order?](https://goldwaterdroit.com/en/faqs/can-dpj-take-my-child-without-a-court-order)

Yes, the DPJ may remove a child without a court order if there is urgent danger to the child’s security or development, under Youth Protection Act ss. 46–48, 76.

Youth Protection Act, ss. 46–48, 76; C.c.Q. art. 33

[**Read the full answer**: Can DPJ take my child without a court order?](https://goldwaterdroit.com/en/faqs/can-dpj-take-my-child-without-a-court-order)

### [Can grandparents get custody through youth protection?](https://goldwaterdroit.com/en/faqs/can-grandparents-get-custody-through-youth-protection)

Yes. The DYP may place a child with grandparents if it serves the child’s best interests under Youth Protection Act ss. 52–54 and 91.

Youth Protection Act, ss. 52–54, 91; C.c.Q. art. 33

[**Read the full answer**: Can grandparents get custody through youth protection?](https://goldwaterdroit.com/en/faqs/can-grandparents-get-custody-through-youth-protection)

### [What happens if my ex-partner moves to Ontario with my child without my consent?](https://goldwaterdroit.com/en/faqs/dpj-custody-process-and-parental-rights-in-quebec)

If a parent moves a child from Québec to Ontario without consent, the court can order the child’s return under the Divorce Act ss. 16.8–16.9 and the Civil Aspects of Child Abduction Act.

C.c.Q. art. 33, 604; Divorce Act, ss. 16.8–16.9; Act respecting the civil aspects of international and interprovincial child abduction, s. 2

[**Read the full answer**: What happens if my ex-partner moves to Ontario with my child without my consent?](https://goldwaterdroit.com/en/faqs/dpj-custody-process-and-parental-rights-in-quebec)

### [How do I appeal a decision made by the DPJ?](https://goldwaterdroit.com/en/faqs/how-do-i-appeal-a-decision-made-by-the-dpj)

You can contest a DPJ decision before the Tribunal de la jeunesse under Youth Protection Act ss. 94–95 and 100–101. The court reviews the case based on the child’s best interests.

Youth Protection Act, ss. 94–95, 100–101; C.c.Q. art. 33

[**Read the full answer**: How do I appeal a decision made by the DPJ?](https://goldwaterdroit.com/en/faqs/how-do-i-appeal-a-decision-made-by-the-dpj)

### [How long does DPJ process last?](https://goldwaterdroit.com/en/faqs/how-long-does-dpj-process-last)

The DPJ process can last from a few weeks to several months depending on urgency and court involvement, under Youth Protection Act ss. 45, 76, 90–92.

Youth Protection Act, ss. 45, 76, 90–92; C.c.Q. art. 33

[**Read the full answer**: How long does DPJ process last?](https://goldwaterdroit.com/en/faqs/how-long-does-dpj-process-last)

### [Is it a social worker or a psychologist who evaluates me during a DPJ investigation?](https://goldwaterdroit.com/en/faqs/is-it-a-social-worker-or-a-psychologist-who-evaluates-me-during-a-dpj-investigation)

During a DYP investigation, the assessment is usually done by a social worker. A psychologist may be consulted only if specific psychological issues require expert evaluation.

Youth Protection Act, ss. 32, 45, 87; C.c.Q. art. 33

[**Read the full answer**: Is it a social worker or a psychologist who evaluates me during a DPJ investigation?](https://goldwaterdroit.com/en/faqs/is-it-a-social-worker-or-a-psychologist-who-evaluates-me-during-a-dpj-investigation)

### [What factors determine whether or not the DYP will intervene once a report is received?](https://goldwaterdroit.com/en/faqs/what-factors-determine-whether-or-not-the-dyp-will-intervene-once-a-report-is-received)

The DYP assesses if the child’s security or development is compromised based on the seriousness, frequency, and persistence of the facts, under Youth Protection Act ss. 38–39.

Youth Protection Act, ss. 32–33, 38–39, 46; C.c.Q. art. 33

[**Read the full answer**: What factors determine whether or not the DYP will intervene once a report is received?](https://goldwaterdroit.com/en/faqs/what-factors-determine-whether-or-not-the-dyp-will-intervene-once-a-report-is-received)

### [What happens at a youth protection hearing?](https://goldwaterdroit.com/en/faqs/what-happens-at-a-youth-protection-hearing)

A youth protection hearing lets the court decide if a child’s security or development is compromised and what measures are needed, under Youth Protection Act ss. 75–91.

Youth Protection Act, ss. 75–91; C.c.Q. art. 33

[**Read the full answer**: What happens at a youth protection hearing?](https://goldwaterdroit.com/en/faqs/what-happens-at-a-youth-protection-hearing)

### [What triggers DPJ involvement?](https://goldwaterdroit.com/en/faqs/what-triggers-dpj-involvement)

The DPJ intervenes when a child’s security or development is compromised, under Youth Protection Act ss. 38–38.2. Situations include neglect, abuse, violence, or serious behavioral issues.

Youth Protection Act, ss. 38–38.2, 39, 46; C.c.Q. art. 33

[**Read the full answer**: What triggers DPJ involvement?](https://goldwaterdroit.com/en/faqs/what-triggers-dpj-involvement)