Divorce Laws in Quebec: Complete 2026 Guide

Under the federal Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.), section 8, there is only one ground for divorce in Canada: breakdown of the marriage. However, this breakdown can be established in three distinct ways. The most commonly invoked basis is a one-year separation: the spouses have lived separate and apart for at least one year and are living apart at the time the divorce judgment is rendered. Spouses may file the application before the full year has elapsed as long as they are already living apart, though the divorce itself will not be granted until the one-year mark has passed. The second basis is adultery. Under the Divorce Act, if one spouse has committed adultery, the other spouse (the alleged victim) may apply for divorce without waiting a full year. The applicant must prove, on a balance of probabilities, that adultery occurred — though an admission by the other spouse is sufficient. As noted by Quebec family law practitioners, divorce judgments in Quebec do not specify the ground relied upon, so there is no lasting stigma attached to an admission of adultery. The third basis is physical or mental cruelty of such a kind that continued cohabitation is intolerable. Physical cruelty, such as domestic violence, is relatively straightforward to establish. Mental cruelty requires the applicant to prove both the conduct (e.g., repeated insults, belittling behaviour) and its impact — that the conduct has made continued cohabitation intolerable. Simple testimony about 'irreconcilable differences' or 'having grown apart' does not meet the standard for mental cruelty under Canadian law. Importantly, for adultery and cruelty grounds, only the aggrieved spouse may apply; the spouse who committed adultery or cruelty cannot rely on their own conduct as a ground. The Divorce Act also contains a reconciliation provision: spouses may live together for up to 90 days in an attempt to reconcile without resetting the one-year separation clock. Courts in Quebec rarely spend significant time on the grounds for divorce themselves; judges are far more focused on the protection of children, parenting arrangements, property division, and spousal support.

Under section 3 of the Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.), at least one spouse must have been ordinarily resident in a Canadian province for at least one year immediately preceding the filing of the divorce application. In Quebec, the concept of ordinary residence is interpreted in accordance with article 77 of the Code civil du Québec (C.C.Q.), which defines residence as 'the place where a person ordinarily resides.' Quebec civil law treats this as primarily a question of fact — a person resides where they actually live, with stability being the key consideration, rather than a question of legal intention. The divorce application must be filed with the Superior Court of Québec in the judicial district where the spouses have their joint habitual residence, or if the spouses no longer live together, in the judicial district where either spouse resides. If you live in Laval, for example, you would file in the Laval judicial district. Quebec is divided into numerous judicial districts, each with its own Superior Court office. If neither spouse has resided in Canada for at least one year, they cannot obtain a divorce under the Divorce Act. However, it is not necessary that both spouses reside in Quebec — only one must meet the one-year residency requirement in the province where the application is filed. A spouse who has resided in Quebec for the required period may file in Quebec regardless of where the other spouse lives, whether elsewhere in Canada or abroad.

Quebec's approach to property division upon divorce is unique in Canada because it is governed by the civil law system of the Code civil du Québec (C.C.Q.) rather than by common law equitable distribution principles. The process involves two distinct layers. The first and most important is the mandatory equal partition of the family patrimony (patrimoine familial), established by articles 414–426 C.C.Q. The family patrimony applies to all married and civilly united spouses in Quebec regardless of their matrimonial regime, and neither spouse can renounce it in advance through a marriage contract. The family patrimony includes: all family residences (principal and secondary, such as a cottage), the furniture used to furnish those residences, motor vehicles used for family transportation, and rights accrued during the marriage in retirement or pension plans. The net value of these assets is divided equally between the spouses — it is the value that is partitioned, not necessarily the physical property itself. Debts directly related to the acquisition, improvement, maintenance, or preservation of family patrimony property are deducted. Additionally, property owned before the marriage, or acquired during the marriage by gift or inheritance, can be deducted from the partition along with any increase in its value over time. The valuation date is typically the date of filing the divorce application, though a court may use the date of de facto separation. After the family patrimony is partitioned, any remaining property not included in the patrimony (e.g., buildings, land, bank accounts, shares, bonds, business assets) is divided according to the rules of the couple's matrimonial regime. Quebec has two main matrimonial regimes: the partnership of acquests (société d'acquêts), which is the default legal regime for couples married after July 1, 1970, without a marriage contract; and separation as to property (séparation de biens), which requires a notarized marriage contract. Under the partnership of acquests, property acquired during the marriage (acquests) is subject to partition, while private property belonging to each spouse before marriage or received by gift or inheritance remains separate. Under separation as to property, each spouse retains ownership of their own property, but the family patrimony rules still apply. A judge may authorize an unequal partition of the family patrimony only if equal division would result in an injustice — for example, due to the short duration of the marriage or the bad faith of one spouse. This is an exceptional remedy. The court may also order compensation if a spouse has dissipated or removed property from the family patrimony within the year preceding the partition.

Spousal support (also referred to as support between spouses or 'pension alimentaire entre époux') in Quebec divorce cases is governed by both the federal Divorce Act and the Code civil du Québec. Under section 15.2 of the Divorce Act, a court may make an order for spousal support on application by either spouse. The objectives of a spousal support order under the Divorce Act include: recognizing any economic advantages or disadvantages arising from the marriage or its breakdown; apportioning between the spouses any financial consequences arising from the care of the children; relieving any economic hardship arising from the breakdown of the marriage; and, in so far as practicable, promoting the economic self-sufficiency of each spouse within a reasonable period of time. The Spousal Support Advisory Guidelines (SSAGs), while not legislated, are widely referenced by Quebec courts as a starting point for determining the amount and duration of spousal support. The SSAGs provide two formulas — the 'without child support' formula and the 'with child support' formula — that generate ranges for both amount and duration based on factors such as the length of the marriage, the income difference between spouses, and the ages of the spouses and children. Quebec courts retain discretion to depart from the SSAG ranges based on the specific circumstances of each case. Under the Code civil du Québec (articles 585–596), spouses owe each other a mutual obligation of support during the marriage. Upon divorce, the court considers the needs and means of each spouse, the duration of the marriage, the roles assumed during the marriage, and the ability of each spouse to become self-sufficient. Spousal support in Quebec can be periodic (monthly payments), lump-sum, or a combination. It is important to note that in Quebec, common-law (de facto) partners generally do not have a right to spousal support from each other under the C.C.Q. unless they have formed a parental union under the new provisions effective June 30, 2025. Spousal support may be time-limited or indefinite depending on the circumstances, and it can be varied if there is a material change in the circumstances of either party.

When a divorce involves children in Quebec, parenting arrangements and decision-making responsibility are governed by the federal Divorce Act, as amended in 2021 (Bill C-78). The 2021 amendments replaced the outdated terms 'custody' and 'access' with 'parenting order,' 'parenting time,' 'decision-making responsibility,' and 'contact order.' Under these amendments, the best interests of the child is the only consideration when making parenting arrangements, and the court must consider specific factors including the child's needs, the nature and strength of the child's relationships with each parent, each parent's willingness to support the child's relationship with the other parent, and any history of family violence. The Divorce Act now explicitly lists factors the court must weigh, including the child's physical, emotional, and psychological safety and well-being; the child's views and preferences (given due weight according to the child's age and maturity); each parent's ability to care for the child; any plans proposed for the child's care; and the child's cultural, linguistic, religious, and spiritual heritage. The Act also requires that every person seeking a parenting order act in good faith and that courts consider each parent's willingness to facilitate the child's relationship with the other parent, unless doing so would be contrary to the child's best interests (e.g., in cases of family violence). In Quebec specifically, the Superior Court of Québec handles parenting arrangement decisions within the divorce proceeding. Quebec also offers psychosocial assessment services through the CIUSSS (Integrated University Health and Social Services Centres), which can provide professional evaluations of parenting capacity when ordered by the court. Since January 1, 2016, parents who still disagree on parenting or other issues at the time of their court hearing must attend a mandatory 'Parenting After Separation' information session. This session, lasting approximately 2.5 hours, is given by two certified mediators (one of whom must be a jurist) and covers parental responsibilities, the consequences of conflict on children, and the mediation process. Parents may attend separately and may be accompanied by a person of their choosing.

Filing for divorce in Quebec involves several key steps. First, determine whether the divorce will proceed on a joint (consent) basis or as an individual (contested) application. If both spouses agree on all issues — including parenting arrangements, child support, spousal support, and property division — they may file a joint application for divorce on a draft agreement. If the spouses cannot agree on all issues, one spouse must file an individual originating application for divorce. To file, prepare the originating application (also called a 'motion to institute proceedings') and gather all supporting documents, including the marriage certificate, any marriage contract, sworn financial declarations, and the Child Support Determination Form (Schedule I) if there are children. The application must be filed at the Superior Court of Québec in the judicial district where the spouses reside or last resided together. You may file in person at the court office or electronically through the Digital Court Office (Lexius). Upon filing, the court clerk stamps the application and assigns a court file number. You will pay the applicable filing fees at this time — approximately $302–$335 for an individual originating application, or approximately $108–$128 for a joint application, plus a $10 federal registration fee for the Central Registry of Divorce Proceedings. If filing an individual application, the applicant must then have the other spouse personally served ('en mains propres') by a bailiff (huissier de justice) within three months of filing. The responding spouse then has 15 days (30 days if residing outside Quebec) to file an Answer. If no answer is filed, the court may render a default judgment. If the respondent contests, the parties must negotiate a case protocol and the matter may proceed through conferences, provisional measures, and ultimately a trial if settlement is not reached. For joint applications, a court appearance may not be required — some courts allow the matter to proceed on the basis of sworn written statements alone. In all cases involving children, the court must be satisfied that reasonable child support arrangements have been made before granting the divorce. In Quebec, divorce falls under the exclusive jurisdiction of the Superior Court of Québec (Cour supérieure du Québec), which is the province's court of original general jurisdiction. The Superior Court has jurisdiction throughout Quebec and sits in all judicial districts across the province. Its judges are appointed by the federal government. The divorce application must be filed in the judicial district where the spouses have their joint habitual residence, or if they are living apart, in the district where either spouse resides. Appeals from decisions of the Superior Court in family matters are heard by the Quebec Court of Appeal (Cour d'appel du Québec). Leave to appeal is sometimes required depending on the nature of the order being challenged. A further appeal to the Supreme Court of Canada is possible, though only with leave granted by the Supreme Court itself. As of October 10, 2025, Quebec has established a Unified Family Tribunal (Tribunal unifié de la famille) within the Court of Québec, which now handles certain family matters including civil union applications and parental union matters. However, divorce proceedings for married couples continue to be heard by the Superior Court. The Court of Québec also has jurisdiction over certain youth protection and criminal matters that may intersect with family proceedings. Parties appearing in the Superior Court in family matters should be aware that the court may refer them to mediation at any time during the proceedings and may also order psychosocial assessments through the CIUSSS. Settlement conferences conducted by Superior Court judges are also available as an alternative dispute resolution mechanism.

The primary waiting or separation period in Quebec divorce cases is the one-year separation requirement under the Divorce Act. If spouses are relying on the no-fault ground of marriage breakdown through separation, they must have lived separate and apart for at least one year, and must still be living apart when the divorce judgment is pronounced. However, spouses do not need to wait the full year before filing their application — they may file as soon as they separate, with the understanding that the court will not grant the divorce until the one-year period has been completed. If spouses rely on fault-based grounds (adultery or physical/mental cruelty), there is no mandatory separation period. The divorce application can be filed immediately, and if the court is satisfied that the ground is established, the divorce may be granted without waiting a year. However, fault-based applications tend to involve more complex evidence and may take longer to resolve. The Divorce Act also provides a reconciliation window: spouses who have separated may resume cohabitation for one or more periods totaling no more than 90 days in an attempt to reconcile, without restarting the one-year separation clock. If reconciliation fails, the separation period continues as if the spouses had never reunited. Once a divorce is granted by a judge, there is an additional 31-day waiting period before it takes effect. This period exists to allow either party to appeal the judgment. If no appeal is filed within 31 days, the divorce becomes final and the parties may remarry. The court may, in exceptional circumstances, shorten this appeal period if both parties consent.