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Difference between revisions of "Basic Principles of Spousal Support"
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Basic Principles of Spousal Support (view source)
Revision as of 15:39, 15 May 2019
, 15:39, 15 May 2019no edit summary
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As to what constitutes a “marriage-like relationship”, the courts take a holistic approach. The presence or absence of any particular factor is not determinative: [http://canlii.ca/t/1txxkand Austin v. Goerz] 2007 BCCA 586 and [http://canlii.ca/t/gm9nx Weber v Leclerc], 2015 BCCA 492. It does not require a blending of finances, monogamy, planning for retirement or death, a decision to have children, or other hallmarks of traditional (whatever that is) marriage. The presence of such factors can help; but their absence may not be fatal. What is essential is that the court can see a committed relationship in some sense sufficient to raise an obligation for support. That may sound circular (and it is), but it is nonetheless the task for a judge where the question is in doubt. | As to what constitutes a “marriage-like relationship”, the courts take a holistic approach. The presence or absence of any particular factor is not determinative: [http://canlii.ca/t/1txxkand Austin v. Goerz] 2007 BCCA 586 and [http://canlii.ca/t/gm9nx Weber v Leclerc], 2015 BCCA 492. It does not require a blending of finances, monogamy, planning for retirement or death, a decision to have children, or other hallmarks of traditional (whatever that is) marriage. The presence of such factors can help; but their absence may not be fatal. What is essential is that the court can see a committed relationship in some sense sufficient to raise an obligation for support. That may sound circular (and it is), but it is nonetheless the task for a judge where the question is in doubt. | ||
If the parties have a child, and live together with that child in a marriage-like relationship, a plain reading of the statute suggests that not only is two years co-habitation not required, any length of cohabitation will do. | If the parties have a child, and live together with that child in a marriage-like relationship, a plain reading of the statute suggests that not only is two years co-habitation not required, any length of cohabitation will do. So far, at least one case agrees: [http://canlii.ca/t/gfdtg J.M. v R.B.], 2014 BCPC 269 | ||
====Limitation period==== | ====Limitation period==== | ||