Separation of couples in a de facto union

If you and your spouse are not married or in a civil union, the provisions of the Civil Code of Québec relating to family patrimony do not apply to you. If you are in a parental union, specific rules apply to you.

However, you can ensure that your property will be divided fairly in the event of separation by drawing up a cohabitation agreement.

Upon separation, rights and obligations between former spouses must be settled in accordance with the terms of the cohabitation agreement, unless they decide otherwise (gift, partition of property, lump sum, etc.).

When two spouses have signed a cohabitation contract, they must both comply with it. If one spouse fails to comply, the other spouse can apply to the court to have the contract enforced. 

Only the clauses concerning the spouses' children (support payments, custody rights, access rights, etc.) can be amended as needed by the judge in order to protect the children's rights and ensure their well-being.

De facto spouses can also separate amicably.

For example, they can settle the terms of their separation with or without help from a mediator, notary or lawyer.

They can specify:

• who will have custody of their children;
• the amount of any child support payments;
• visiting and outing rights for the non-custodial parent;
• the division of their property.

The steps that apply after a family mediation process may apply to an amicable separation. Please see the section After mediation.

When agreement is impossible

Spouses who are unable to reach an agreement can get help from a family mediator or a legal advisor. 

As a last resort, they can submit their case to the courts.

When two de-factor spouses separate, however long they have lived together, they have no obligation of support towards each other.

Even if you are in need and your former de-facto spouse earns substantial income, you are not entitled to any alimony to meet your own needs.

However, both parents still have an obligation of support towards their children. 

On this topic, see the following sections:

• Child custody, a joint responsibility
• Obligation of support towards children

De facto spouses who separate can apply for the partition of their employment earnings registered under the Québec Pension Plan for the time they were together.

Partition is not applied automatically, as it would be for spouses who were married or in a civil union. Both former spouses must make the application.

For more details on the partition of employment earnings, see the section on this topic on the website of Retraite Québec.

However, before making a decision, the former spouses should request a simulation of the effects of partition.