In a recent landmark case, the Supreme Court of Canada ruled that the Quebec law barring common law couples from the right to claim spousal support is to be upheld, even though a majority found the law to be unconstitutional.
In a narrow 5-4 vote, the highest court in our country found that Quebec’s exclusion of common law couples from spousal support claims was justified, and allowed the law to continue in force and effect.
This means any Quebec resident living in a common law relationship continues to be incapable of seeking spousal support from their ex-partner, regardless of how long the relationship was and regardless of the role that person played during that relationship. This includes, for example, the common law partner of 25 years who spent the entire relationship raising the parties’ children instead of working, and who now must find a way to become economically self-sufficient without relying on any financial support from their ex-partner by way of spousal support.
In this particular case, the woman had been in a seven year common law relationship with a Quebec billionaire, with whom she had three children. By ruling that she did not have any right to claim spousal support, she was denied a potential lump sum payment of $50 million dollars (she however continues to receive $460,000 a year in child support).
In their ruling, the SCC noted that common law couples make a choice in not getting married, and thus they choose to opt-out of the legal protections afforded to married couples. Critics of the ruling, however, argue that common law couples are typically completely unaware of their rights and the possible legal consequences of never getting married.
In B.C. and in many other provinces, common law couples are entitled to claim spousal support in the same manner as married couples. In fact, with the new Family Law Act legislation coming into force in March 2013, B.C. common law couples will receive the added benefit of having the same property rights as married couples. Quebec continues to be one of the minority provinces that do not recognize common law couples as having the same rights as married couples. It remains to be seen whether this recent SCC ruling, which only affects Quebec, will cause B.C. lawmakers to re-examine this province’s spousal support laws.
Regardless of whether the SCC’s ruling is to be championed or condemned, a crucial lesson can be derived from this decision: speak to a family lawyer if you are about to enter into a common law relationship or if you are about to get married. Regardless of how unromantic it may seem, it is always a good idea to know your rights and entitlements, and it is much safer to be aware of them at the outset of your relationship rather than at its end.
– Jennifer Lin
