How is property divided in a separation in Québec?

Depends on the matrimonial regime. Partnership of Acquests (default): property acquired during marriage is shared equally. Separation as to Property (if agreed before marriage): each keeps their own property. Family patrimony rules apply on top of any regime. Exclusions: Family patrimony (mandatory, cannot be waived by prior contract): family residence, furniture of family residence, vehicles used for family travel, RRSP/RRIF/pension plan accruals during marriage. These are divided equally regardless of matrimonial regime. Other property follows the chosen regime.

Can a separation agreement be changed later?

Yes. Agreements can be varied by mutual consent at any time. Courts can also vary child support and spousal support if there has been a material change in circumstances. Property division is generally final once agreed.

← All provinces

Separation Agreement

Separation Agreements in Québec

Q: Can child support be waived in a separation agreement?

No. Both parents have a legal obligation to support their children. No separation agreement can eliminate this obligation. Child support below the Federal Guidelines amount is not binding.

Governing legislation: Civil Code of Québec (CCQ)

Get My Québec Separation Agreement — $29

Agreement template tailored to Québec family law — property division, support, parenting arrangements, and more.

Start questionnaire →

Property Division

Depends on the matrimonial regime. Partnership of Acquests (default): property acquired during marriage is shared equally. Separation as to Property (if agreed before marriage): each keeps their own property. Family patrimony rules apply on top of any regime.

What can be excluded

Family patrimony (mandatory, cannot be waived by prior contract): family residence, furniture of family residence, vehicles used for family travel, RRSP/RRIF/pension plan accruals during marriage. These are divided equally regardless of matrimonial regime. Other property follows the chosen regime.

Historically, common-law couples (de facto spouses) in Quebec had NO property rights against each other under the Civil Code. However, as of the Parental Union regime (in force June 30, 2025), de facto couples who become the parents of a common child on or after that date are subject by default to a "patrimony of parental union" covering the family residence, the furniture used by the household, and the family vehicles — divided between the partners on separation. Couples without a common child born on or after that date still have no default property rights.

Spousal Support

Duration of marriage, economic disadvantage, ability to become self-sufficient. Quebec courts use both Code provisions and SSAGs as guidance.

Duration: No fixed formula. Negotiated or court-ordered based on circumstances.

Quebec calls this "compensatory allowance" or "support." Common-law couples have no spousal support rights in Quebec.

The federal Spousal Support Advisory Guidelines (SSAGs) are used as a reference across Canada for calculating support amounts and duration. They are not legislation — but courts and lawyers treat them as a strong starting point.

Child Support

Child support cannot be waived

Both parents have a legal obligation to support their children. No separation agreement can eliminate this obligation. An agreement that sets child support below the Federal Guidelines amount is not binding.

Quebec uses its own child support model for all proceedings — the Regulation respecting the determination of child support payments (C-25.01, r. 0.4). This applies to both married and unmarried parents in Quebec family court. The federal guidelines do NOT apply when both parents reside in Quebec. Use the Quebec model to calculate — not the federal tables.

→ Calculate child support using the federal online tool

Parenting Arrangements

Terminology in Québec

Civil Code uses "custody" and "access." Federal Divorce Act uses "decision-making responsibility" and "parenting time." Quebec Superior Court handles divorce.

The best interests of the child govern. Quebec courts may order shared custody when both parents are capable and the child benefits.

Signing Requirements

Witnesses

Quebec law requires certain family agreements to be notarized to be fully enforceable. A notarized agreement is a stronger document than a private agreement.

Independent Legal Advice

Both parties should consult a notary or lawyer. A notarized separation agreement is enforceable without court filing.

Court Filing

A notarized agreement can be enforced directly. A private (non-notarized) agreement must be homologated (approved) by the court to be enforced as an order.

Steps to Complete Your Agreement

1
Exchange complete financial disclosure.
2
Agree on family patrimony division (mandatory), support, and parenting.
3
Visit a notary together — or separately — to formalize the agreement.
4
Alternatively, draft a private agreement and apply to court for homologation.
5
File for divorce separately if married (Superior Court of Quebec).

Critical points for Québec

!Quebec civil law is fundamentally different — a Quebec notary or family lawyer is strongly recommended.
!Common-law (de facto) couples in Quebec generally have no property or support rights — but since June 30, 2025, the Parental Union regime gives a default "patrimony of parental union" (family residence, household furniture, family vehicles) to de facto couples who become parents of a common child on or after that date.
!Family patrimony provisions cannot be contracted out of (though amounts can be varied).

Generate your Québec separation agreement

Answer our questionnaire and we will produce a detailed agreement template tailored to Québec law.

Start questionnaire for Québec

Official sources

Last updated: June 2026

Guidepost is not a law firm. Family law is complex and fact-specific — this guide is for general informational purposes only and is not legal advice. Consult a family lawyer before signing any separation agreement. Full disclaimer.