Family Law – Separation

For married or civil union couples, the division of family patrimony is mandatory and automatic upon separation or divorce.

Our expertise includes:

• Comprehensive assessment of family patrimony and determination of its net value;

• Identification of assets included in the patrimony (residences, vehicles, furniture, pension plans);

• Identification of assets excluded from division (inheritances, gifts received during marriage, assets acquired before marriage);

• Calculation of the divisible value of the family patrimony;

• Negotiation of equitable division of assets and financial compensation;

• Management of aspects related to pension plans during division;

• Advice on division options (sale, buyout of share, compensation);

• Representation before the court for judicial division if agreement is impossible;

• Drafting and review of patrimony division agreements.

Assets included in family patrimony: Family residences (primary and secondary), vehicles used by the family, furniture furnishing the residences, pension plans accumulated during marriage, rights resulting from a pension plan.

Division principle: Quebec law provides for equal division (50-50) of the net value of family patrimony, regardless of who is the legal owner of the assets. This division is made after deduction of debts related to these assets.

Assets excluded from division: Assets received by inheritance or gift during marriage (unless used for family purposes), assets acquired before marriage, certain personal assets. It is essential to consult a lawyer to determine the exact nature of your assets.

The division of family patrimony is in addition to the liquidation of the matrimonial regime and must be carried out even in the event of separation from bed and board (without complete divorce).

In Quebec, there is no maximum time limit for remaining separated without divorcing. You may live apart for as long as you wish. However, to apply for a divorce on the grounds of separation, you must generally have lived apart for at least 1 year by the time the court renders its judgment.

The family patrimony is calculated by assessing the total value of the included assets (family residences, vehicles, furniture, pension plans, etc.), then subtracting the related debts. The net value is then divided, generally 50/50 between the spouses.

In Quebec, marriage contracts are signed before a notary and registered with the Register of Personal and Movable Real Rights (RDPRM). To find yours, you can contact the notary who drafted it or conduct a search in the RDPRM (fees apply).

In addition to the family patrimony, the separation of a married couple entails the liquidation of the matrimonial regime chosen at the time of marriage.

Our services cover:

• Identification of your matrimonial regime (partnership of acquests, separation as to property, community of property, customized contract);

• Valuation of private property and property to be divided according to the regime;

• Calculation of acquests and compensations within the partnership of acquests;

• Negotiation of the dissolution of the matrimonial regime;

• Advice on the tax implications of property division;

• Drafting of comprehensive separation agreements covering patrimony and the regime;

• Representation during judicial liquidation if necessary;

• Distinction between legal separation and divorce, including the implications for each option.

The three matrimonial regimes in Quebec:

Partnership of acquests (default legal regime): Certain assets acquired during the marriage are private property (inheritances, gifts, personal property), while others are acquests (shared property). Upon dissolution, each spouse keeps their private property, but the acquests are shared equally (50-50).

Separation as to property: No automatic sharing of assets acquired during the marriage. Each spouse retains ownership of what they have acquired. Only the family patrimony is divided.

Community of property: A less common regime where all assets (before and during the marriage) are considered common and shared equally. This is in addition to the family patrimony.

Legal separation vs. divorce: Legal separation suspends the obligation to live together but does not dissolve the marriage, allowing spouses to live apart without breaking the matrimonial bond. Divorce terminates the marriage completely. Both trigger the division of the family patrimony.

The separation of common-law partners involves significant legal implications that are crucial to understand to protect your rights.

Our legal services include:

• Comprehensive legal consultation to understand your specific rights as a common-law partner;

• Asset valuation based on the principle of ownership (and not family patrimony);

• Negotiation of separation agreements to clarify arrangements regarding custody, support, and assets;

• Drafting of formal separation agreements between common-law partners;

• Representation before the courts if necessary to defend your rights;

• Advice on the tax implications of separation (Revenue Agency, capital gains).

Crucial differences for common-law partners:

No family patrimony: Unlike married couples, the rules for sharing family patrimony do NOT automatically apply to common-law partners. Asset division is based on the principle of ownership – each person keeps what legally belongs to them.

No spousal support: Spousal support is not applicable to common-law partners in Quebec, being reserved for married couples. Only child support can be claimed.

Tax implications: After 90 days of separation, you must inform the Revenue Agency as this affects benefits and credits. Property transfers can lead to capital gains implications.

It is therefore essential for common-law partners to formalize a clear separation agreement to avoid misunderstandings and future disputes, particularly concerning assets acquired during cohabitation.

For couples subject to the new parental union regime

In Quebec, a law for common-law partners came into effect in 2025. Indeed, the Act respecting the reform of family law and establishing the parental union regime was created to offer families more rights and protections. This law legally recognizes a parental union for common-law couples who become parents of the same child born or adopted on or after June 29, 2025.

The law aims to better protect children, notably with the creation of a parental union patrimony as well as the addition of protections in case of parental separation or the death of one parent.

Assets acquired before marriage, inheritances and gifts received (unless designated for family use), as well as certain personal property, are excluded from the family patrimony; their value is therefore not automatically shared 50/50.

For married couples: mandatory division of family patrimony (50-50) and dissolution of the matrimonial regime. For common-law partners: NO automatic family patrimony, division based on the principle of ownership. Only children entitle common-law partners to spousal support.