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DUFOURD, DION Lawyers |
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THE COMPENSATORY
ALLOWANCE BETWEEN THE SPOUSES IN THE PROVINCE OF QUEBEC The court, in
declaring separation from bed and board, divorce or nullity of marriage, may
order either spouse to pay to the other, as compensation for the latter's
contribution, in property or services, to the enrichment of the patrimony of the
former, an allowance payable in cash or by instalments, taking into account, in
particular, the advantages of the matrimonial regime and of the marriage
contract. The same rule applies in case of death; in such a case, the advantages
of the succession to the surviving spouse are also taken into account. Where the right to
the compensatory allowance is founded on the regular cooperation of the spouse
in an enterprise, whether the enterprise deals in property or in services and
whether or not it is a commercial enterprise, it may be applied for from the
time the cooperation ends, if this results from the alienation, dissolution or
voluntary or forced liquidation of the enterprise. The cooperating
spouse may adduce any evidence to prove his or her contribution to the
enrichment of the patrimony of the other spouse. Where a compensatory
allowance becomes payable, the court, failing agreement between the parties,
fixes the amount thereof. It may also, where applicable, fix the terms and
conditions of payment and order that the allowance be paid in cash or by
instalments or that it be paid by the awarding of rights in certain property. One of the spouses
may, during the marriage, agree with the other spouse to make partial payment of
the compensatory allowance. The payment received shall be deducted when the time
comes to fix the value of the compensatory allowance. This text is not a legal opinion. No decision should be taken before you consult with a lawyer.
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