Compensatory Allowance

Responsibility: Department of Justice

A compensatory allowance is a sum of money or property awarded to a surviving former spouse. This sum is used to compensate the surviving spouse for his or her contribution to the enrichment of his or her spouse, in property or services, during the marriage or civil union.

However, the spouse must prove that he or she contributed to the enrichment of the other spouse's estate in property or services. The benefit is not awarded automatically.

Note: The application for the compensatory allowance must be made to the estate within one year of the death.

A compensatory allowance is a sum of money or property awarded to a former spouse to compensate for the contribution of the former spouse to the enrichment of the other spouse in property or services during the marriage or civil union.

An application for a compensatory award may be made :

  • for married spouses, as part of an application for marriage annulment, divorce, or legal separation;
  • for spouses in a civil union, in an application for dissolution or annulment of a civil union;
  • in the event of the death of one of the spouses;
  • during the union, if the application is based on the spouse's regular collaboration in a business.

COLLABORATING SPOUSES

Persons who collaborate in their spouse's business may, in the event of a break-up or unilateral decision by their spouse regarding the future of the business, obtain compensation when their collaboration ends, without having to initiate proceedings for separation from bed and board, divorce or annulment of marriage, or dissolution or annulment of a civil union.

ASSESSMENT OF THE COMPENSATORY ALLOWANCE

The court evaluates the benefit by taking into account the entire situation, namely

  • the division of the family patrimony
  • the marriage or civil union contract
  • the matrimonial regime
  • the value of each spouse's contribution.
  • It is not a question of dividing the property into equal shares.

The judge may award the following benefits, among others

  • compensation payable in cash or in installments
  • an award of a right of ownership of the building used as the family's residence
  • an award of a right of habitation in the building used as the family's residence.

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