Financial support obligations can be created following a divorce or the end of a civil union, and bind an ex-spouse or parent to provide support to the ex-spouse with the lower salary or to the parent with custody of the child or children.
There can also be some other types of financial support obligations, such as to parents who cannot support themselves financially.
Persons that are owed financial support have six months to claim it following the death. Those who were entitled to financial support but never claimed it previously can still do so for the first time after the death.
If the deceased was previously married or in a civil union, there may have been an arrangement for financial support (or alimony) in place. The exact amount agreed or ruled upon depends on the couple and each spouse's financial situation at the time the marriage or civil union ended.
If the deceased owed financial support to an ex-spouse, the obligation is passed on to the succession. Financial support for the ex-spouse is capped at the equivalent of 12 months of financial support or 10% of the value of the succession. If the ex-spouse was already receiving financial support at the time of the death, the amount payable to the ex-spouse does not require additional approval from the liquidator and the heirs.
On the other hand, if the deceased was owed financial support from an ex-spouse, the succession can collect the amounts that were due up to the date of death, but not beyond this date.
Note that common-law partners in Quebec are not eligible for financial support, unless the partners previously signed a contract outlining this.
Spouse and Descendants
A child or spouse of the deceased can claim financial support if they believe they need it and are not named in the will, or if they are named in the will and believe they are not receiving enough.
The amount would have to be agreed to with the liquidator, who must then get approval from the heirs. For a spouse or descendant, the amount is capped at:
half of the amount the person would have received if there was no will (ie, in an intestate succession)
any amount the person actually inherits based on the will
If an agreement cannot be reached, the matter would have to go to court.
The amount the succession owes to any other person (eg. parents) is capped at the equivalent of 6 months or 10% of the succession. The claim would still have to be made within 6 months following the death, and the person must be in need of the support.
The amount would have to be agreed to with the liquidator, who must then get approval from the heirs. If an agreement cannot be reached, the matter would have to go to court.