What is a compensatory allowance and who qualifies?

A compensatory allowance is a civil-law remedy under articles 427–430 of the Civil Code of Québec. It allows one spouse to receive compensation for contributions—financial, domestic, or professional—that directly enriched the other spouse during the marriage or civil union. The claimant must prove six conditions established in Droit de la famille – 161944: contribution, enrichment, causal link, proportionality, deprivation, and absence of justification. The claim must be made at the time of divorce or dissolution, since courts lose jurisdiction afterward except in the case of the surviving spouse or a “collaborating spouse” under article 427, paragraph 2. The amount is discretionary and considers the matrimonial regime’s benefits and the parties’ overall financial situation.

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

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