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Québec Portal > Citizens > When a couple separates > Separation from bed and board (legal separation)

Separation from bed and board (legal separation)

Responsibility : Ministère de la Justice

If you and your spouse are married, you can submit an application for a legal separation, which will relieve you of the obligation to cohabit with your spouse. However, you will remain bound by the other obligations of the marriage, including the obligations of respect, succour and assistance owed by one spouse to the other.

You can submit an application for a legal separation alone, or jointly with your spouse. However, if your spouse opposes the separation or if you fail to agree on the details of the separation, the court may pronounce a separation on one of the grounds provided for by law.

A legal separation allows you to partition the family patrimony and liquidate your matrimonial regime. You can also use it to settle other arrangements (child custody, support payments, compensatory allowance, etc.). Note that you can also inherit your spouse’s property if he or she dies without leaving a will.