CCQ-1991 - Civil Code of Québec

Section 521.46 Disposition versions

Not in force

In force: 2025-06-30

521.46. Where a compensatory allowance is to be paid, the court, failing agreement between the parties, establishes its value based on the lesser of the value of the spouse’s impoverishment attributable to the latter’s contribution or the value of the enrichment of the other spouse. The court may also, where applicable, fix the terms and conditions of payment and order that the allowance be paid all at once or by instalments or that it be paid by the awarding of rights in certain property.

If the court awards a right in the family residence or a right in the movable property serving for the use of the household to one of the spouses or to the surviving spouse, the provisions of chapters II and III of this Title apply.

The Minister of Justice may, by regulation, determine standards for establishing the values of the impoverishment and of the enrichment.

2024, c. 22, s. 3.