Estate Planning

Spousal Support in Common Law Relationships, Quebec Style

By Hull & Hull LLP

I came across a recent article in the Globe and Mail detailing a fight in Quebec between a common law couple over spousal support. 

The case involves a woman who is seeking alimony from her (former) common law partner.  The article does not mention how long the couple was together (and Quebec privacy laws prevent their names from being mentioned); however, the relationship was sufficiently longstanding that they had three children together. 

The woman is currently receiving child support for the children, but is also seeking support for herself. 

In Ontario, the Family Law Act provides that spousal support is available both the partners in a marriage and in a common law relationship.  However, the Quebec Civil Code is not so generous.  Instead, it provides that, in the case of a common law relationship, a partner can claim for child support but not for support for him/herself (this differs from the Code’s treatment of a married couple in that a married spouse can claim support).

An interesting twist to this case is the money involved.  Although the article doesn’t specify how much the male partner is worth it appears to be quite a bit – the female partner is currently receiving $35,000/month in child support; is asking $56,000/month for herself; and, in addition, is seeking a lump sum of $50 million. 

The case might go on for quite awhile; the female isn’t hurting for a funding mechanism for the litigation.  A wealthy benefactor is paying her legal fees and has pledged to continue doing so.  To date, he estimates he’s paid $1.2 million in legals and the fight between the former partners shows no sign of ending….

Have a great day,

Megan F. Connolly 

Full post as published by Toronto Estate Law Blog on January 22, 2009 (boomark / email).