Claim for a compensatory allowance after a marriage breakdown Quebec
Updated on
Free template to adapt to your situation: replace the sample information (names, addresses, dates, amounts, references) with your own.
FreeTemplate letterWord · PDF · No sign-up
DownloadWord or PDF
[Your first and last name]
[Address]
[Phone / email]
[City], [date]
[Spouse’s first and last name]
[Address]
Re: Compensatory allowance
[First name / Sir or Madam],
During our [marriage / civil union] from [date] to [date], I contributed, in property or services, to the enrichment of your patrimony, in particular by [describe: unpaid work in your business ___ from ___ to ___ / payment of the mortgage on your building ___ / work on your property].
This contribution enriched your patrimony by an estimated $[amount], while my patrimony was correspondingly impoverished.
In connection with our [divorce / dissolution], I therefore claim a compensatory allowance of $[amount], [payable in cash / by transfer of ___]. I propose that we include this point in our negotiations or mediation.
[Closing],
[Signature]
[First and last name]
Free, no sign-up. Replace the sample information with your own.
DownloadWord or PDF
Drafting notes
- Upon divorce, nullity, separation from bed and board or death, the court may order a spouse to pay a compensatory allowance to the other who contributed, in property or services, to the enrichment of their patrimony (art. 427 C.C.Q.).
- The claimant must prove the contribution, the enrichment, the impoverishment and the causal link; collaboration in an enterprise is expressly covered.
- De facto spouses are not entitled to it, but may claim unjust enrichment.
How to use this template
- Download the letter in Word or PDF with the button above.
- Adapt it to your situation: your contact information, the recipient’s, the facts, dates and amounts.
- Send it and keep a dated copy.
About the author
Sonia Pin Legal counsel, business law
Sonia Pin is a legal professional specializing in business law and commercial litigation. She drafts and updates the contract and letter templates published on Avocat Montréal, with a focus on Quebec civil law (Civil Code of Québec) and the practical requirements of the courts and administrative tribunals.
