The responsibilities, obligations and rights of spouses vary according to the type of relationship:
- Marriage (religious or civil);
- Civil unions;
- De facto union (de facto spouses).
Unlike married or civil union spouses, de facto spouses have no obligations towards each other. In addition, they don’t share the family patrimony.
What the law says
Some of the protections afforded to spouses under the Civil Code of Québec are reserved for married or civil union couples.
Unlike spouses, all children have the same rights, regardless of the relationship between their parents.
In the event of a separation, the law doesn’t entitle you to, as a de facto spouse:
- Division of property acquired during the union;
- A compensatory allowance for work done for your spouse during the marriage;
- A support payment for you.
In the event of your de facto spouse’s death:
- You aren’t the legal heir.
- You have no rights over the family residence that you don’t legally own or rent.
Benefits and allowances
The various agencies, organizations, government programs and pension plans recognize de facto spouses differently. For example, under certain conditions, you may receive a death benefit if your de facto spouse dies:
- In a car accident;
- In an accident at work;
- During a criminal act.
Is your common-law spouse separated but not divorced? A legal separation - or separation from bed and board - between two married people isn’t a divorce. This means that facto spouses remain bound by marriage to their "ex" spouse and have certain obligations towards them. You and your ex-partner both have rights, but they aren’t the same. For example, the surviving spouse's pension and retirement benefits would go to the ex-partner.
Agreeing on rights and obligations
The law doesn’t impose any rights or obligations on de facto spouses. However, it’s possible to have a cohabitation agreement or a separation agreement.
A cohabitation agreement is a written agreement between spouses living together in a de facto union. Among other things, it can specify:
- Sharing of responsibilities during your life together;
- Measures in the event of break-up or death (division of property, occupation of the family residence, etc.).
The separation agreement takes effect at the time of separation. In particular, it enables you to agree on property division, child custody, or support payments for you.
A will is not an agreement between two people. Instead, it’s a personal document that allows you to designate your heirs and determine how your assets will be distributed to them.
Any questions or problems?
See the following websites depending on the subject:
Pension or surviving spouse's pension: Retraite Québec
Death benefits:
- Société de l'assurance automobile du Québec (SAAQ);
- Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST);
- Indemnisation des victimes d’acte criminal (IVAC).
Your rights in the event of separation and the mediation services available to parents: Ministère de la Justice.
Are you dissatisfied with services from these departments and agencies? Do you think you quality for an amount you’ve been refused? Turn to the Protecteur du citoyen. Our services are confidential and free of charge.
Note that this article will be updated in 2025, when Bill 56 comes into force.
Also see: Separation or divorce: mediation for avoiding court
