When a parental union ends, you can sometimes ask for compensation from an ex-partner for the efforts and sacrifices you made during your life together. This is called a compensatory allowance.
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Important! As of June 30, 2025, a new regime applies to parents who are in a common-law relationship in Quebec: the parental union. Unmarried couples who had or adopted a child together on or after this date are automatically in a parental union. A parental union creates specific rights and obligations for parents, especially if they separate. Read our article on parental unions to see if this applies to you. |
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At a glance
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What is a compensatory allowance?
A compensatory allowance is money you can request from your ex-partner if you meet these requirements:
- You contributed significant time, energy or money to help your ex-partner.
- You became poorer because you did this, for example, due to lost income or missed opportunities.
- Your efforts directly contributed to your ex-partner’s success or wealth.
To get a compensatory allowance, you must ask the court and present strong evidence. The court will refuse your request if you don’t meet the requirements.
Asking the court to grant a compensatory allowance
The compensatory allowance is not automatically awarded. You must ask the court to grant you one.
For the court to grant a compensatory allowance, you must prove several things:
- what you contributed (for example, free work, financial support, managing the household),
- what you lost (for example, income, opportunities to advance your career or education),
- what your ex-partner gained (for example, more money, property, a diploma, success with their business or career), etc.
- how your efforts directly contributed to your ex-partner’s wealth.
You can prove these things in different ways, for example, through financial documents, testimonials, photos or emails.
Examples of recognized contributions
Here are examples of situations where courts may order a compensatory allowance:
- You worked for free or invested money in your ex-partner’s business.
- You paid for their studies or an important training.
- You worked on a family property, such as a farm or inn, without receiving a salary.
- You supported your ex-partner during a long illness or a very difficult period.
What about working in the home?
Generally, looking after the home or children is not enough to get a compensatory allowance.
But there can be exceptions, for example, in situations like these:
- You looked after children and the home for many years so that your ex-partner could grow their business and pursue their education.
- You provided special care to a child living with a disability.
In these cases, the court may decide that your domestic labour was a significant contribution warranting compensation.
Calculating the compensatory allowance
You and your ex-partner can come to an agreement on the amount to be paid.
If you can’t agree, the court will determine the amount after examining the evidence.
The court will decide on these things:
- the value of your contribution (for example, the salary you could have earned),
- the value of what your ex-partners was able to earn because of your contribution.
The amount awarded is usually the lesser of the two.
The court also considers what you received when the parental union patrimony was divided. If you already received your share of the patrimony, the compensatory allowance could be reduced or annulled, depending on the circumstances.
How is the allowance paid?
Once the amount has been established, you can come to an agreement with your ex-partner about how it will be paid. There are different options:
- payment in money or in the form of property rights, for example, shares in a business,
- payment all at once or in instalments.
If you can’t agree, the court decides how the allowance will be paid.
Examples for clarification
Example 1 : Amira and Karim
Amira managed a bed-and-breakfast owned by Karim’s family. During this time, Karim was not working and lived off the income from the B&B. Amira looked after their child and did all the daily tasks. When they separate, Amira could ask for a compensatory allowance because her efforts contributed to Karim’s wealth.
Example 2 : Luc and Thomas
Luc was enrolled in costly engineering studies. During this time, Thomas was working full-time, paying for all the couple’s expenses, including Luc’s tuition, and looking after their child. Luc then started a very well-paid career. Thomas could ask for a compensatory allowance because he became poorer while Luc’s wealth increased thanks to his support.
Example 3 : Jin and Sofia
Sofia started a business. Jin worked in marketing for the business for 12 years without being paid, all while taking care of their child and managing the household. Sofia’s business became very profitable. Jin could ask for a compensatory allowance to compensate for her unpaid work and dedication to the family.