What is the obligation of one spouse to support the other spouse in common law?
Ontario, Canada
The following excerpt is from Pola v. Chamilliard, 2018 ONCJ 813 (CanLII):
Under Section 30 of the Family Law Act, every spouse has an obligation to support the other spouse in accordance with need, to the extent that he or she is capable of doing so. This is consistent with the concept of the obligations brought on by partnerships such as this common-law relationship or marriage. In the case of Bracklow v. Bracklow, 1999 CanLII 715 (S.C.C.) para. 20, the court discussed the presumption that spouses owe one another, a mutual duty of support.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the obligation of each spouse to support the other spouse in common law? (Ontario, Canada)
Does a common-law spouse’s competence to testify protect the common law spouse's testimony? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
What is the current income of the payor spouse for child support under the Child Support Guidelines? (Ontario, Canada)
What is the effect of retroactive support orders on a spouse who has failed to pay for support for over a year? (Ontario, Canada)
What is the test for determining whether a spouse has met the statutory support obligation set out in s. 15.2(6)? (Ontario, Canada)
Does a common law spouse have a duty to perform unpaid work for her common law partner? (Ontario, Canada)
Does a spouse with a disability have a moral obligation to provide support after the end of the marriage? (Ontario, Canada)
If a periodic support obligation is construed as a liability, what is the current value of the obligation? (Ontario, Canada)
Is a transfer of property to a new partner set aside if the new partner agrees to a transaction which has the effect of avoiding a former spouse's support and property obligations? (Ontario, Canada)
