If you are not married, look out for yourself!
In Quebec, approximately two out of five couples choose to live in a common-law relationship rather than get married or enter into a civil union. Recently, the law changed to better protect parents in common-law relationships who had one or more children born or adopted after June 29, 2025. This is known as the parental union regime. But what about common-law spouses without children or those born before the new law came into effect? According to the Civil Code of Québec, they do not have the same rights and responsibilities as married couples, regardless of the length of the union. That is why it is important to take certain precautions and make certain arrangements to avoid conflicts that may arise during separation.
Unlike married couples, civil union partners, or parental union partners, common-law spouses have few legal protections or rights following a separation.
In fact, in the event of a separation, a common-law spouse will not benefit from the protection of the family residence if the other spouse is the sole owner, nor will they be entitled to a division of property. In a non-marital union, spouses have no obligation to pay alimony to each other, regardless of the length of their cohabitation or the other spouse's income. The common-law spouse will also not be able to claim compensation for work performed during the common-law relationship. In short, the common-law spouse is not entitled to much in the event of a separation. Furthermore, without a will, the common-law spouse will not inherit anything in the event of death, according to the law.
In addition to the benefits to which common-law spouses are not entitled, they still have some advantages that married couples enjoy. For example, they can legally adopt a child and are entitled to private health insurance or drug coverage with their spouse. In the event of separation, they have the right to become tenants in their ex-spouse's home. Furthermore, if one spouse dies in a car accident, the survivor is entitled to receive a certain amount of compensation from the Société de l'assurance automobile du Québec (Quebec Automobile Insurance Corporation) if certain conditions are met. Following the death of one spouse, the other spouse will automatically receive a pension from the Régie des rentes du Québec after three years of cohabitation, or if a child was born of their union. Also, as with married couples, a common-law spouse has the right to request alimony if they have custody of the child born of their union.
To clarify any gray areas that are not covered by the law, it may be very useful to draw up a cohabitation agreement. This will provide both of you with greater protection.
A cohabitation agreement is a legal document that can define each person's obligations during cohabitation but also provide for what will happen to children and property in the event of separation. Drawn up during the relationship, it can greatly help to avoid certain conflicts that could arise during or after separation. In fact, a cohabitation agreement allows common-law spouses to agree on various matters, such as the division of responsibilities and contributions during cohabitation, how to divide joint property in the event of a breakup, the payment of alimony or other sums of money to one of the spouses in the event of separation, and many other agreements.
Drafting such a contract can be very complex, which is why it is recommended that you consult a notary to ensure that your document respects the wishes of both spouses. Obviously, a cohabitation agreement does not replace a will in the event of death, so it cannot be used to transfer property upon the death of one of the spouses. Furthermore, the court will not take it into account if it contains decisions that are contrary to the best interests of the children. To ensure that your cohabitation agreement does not violate the law and that nothing is left to chance, contact one of the professionals at Trépanier & Raffoul Notaires. This agreement binds the spouses to their agreements, so they can no longer back out. If they no longer agree on an element or if one of the spouses refuses to respect the commitments, they must file a claim in court. The cohabitation agreement comes into effect as soon as it is signed by both spouses and can be modified upon request, with the agreement of both spouses, by your notary.
If you had or adopted a child after June 29, 2025, the new common-law spouses law applies to your union. However, it is best to meet with a legal professionnal so you can understand your rights, determine whether you are subject to it, and be aware of the exceptions that may allow you to opt out in certain circumstances. Ultimately, having a cohabitation agreement is almost as important as a will or a protection mandate. It protects the property and interests of each spouse even if they have decided not to legally unite or marry. It becomes even more important when children are born from the union. If you had or adopted a child after June 29, 2025, the new common-law spouses' law (the parental union regime) automatically applies to your union. It is strongly recommended that you consult a notary to find out your rights, whether you are subject to this law, and to understand the exceptions that could allow you to waive it in certain circumstances. Protect yourself!
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