Spousal Support In Common Law Relationships
In order to make a spousal support claim, a party in a common law relationship needs to fall within the definition of a spouse, as described in Section 29 at the Family Law Act.
Section 29 of the Family Law Act, states:
“ ‘spouse’ means a spouse as defined in subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited,
(a) continuously for a period of not less than three years, or
(b) in a relationship of some permanence, if they are the parents of a child as set out in section 4 of the Children’s Law Reform Act.”[1]
In general terms this means, that a person in a common law relationship becomes a “spouse”
after cohabiting with their partner for three or more years or if they are in a relationship of “some
permanence” if there is a child from the relationship.
Climans v Latner
In the Ontario Court of Appeal case of Climans v. Latner, the parties did not live together
continuously for three years or have children, however spousal support was ordered for the
duration of ten years.[2]
At paragraph 6 the court held:
“ [6] During their relationship, Ms. Climans and Mr. Latner lived together in July and August at Mr. Latner’s Muskoka cottage. They spent weekends in Florida in the winter months. Sometimes, they spent March break week in Florida. The parties also vacationed together. Beginning early in their relationship, Mr. Latner supported Ms. Climans financially. During their relationship, he provided her and her children with a lavish lifestyle. The parties’ personal and social lives were closely interwoven and they presented as a couple in public.”
The court looked at several factors in determining whether the parties where spouses, including:
- whether the parties cohabited for some period of time during the relationship;
- whether one party supported the other, or provided financially for them, during the relationship;
- whether the parties’ social lives where “interwoven”; and,
- whether the parties represented themselves as a couple in public.[3]
After reviewing these different factors, the court of Appeal affirmed the Trial Judge’s decision confirming the parties fell under the definition of spouses.[4]
The court specifically reviewed the parties’ periods of cohabitation at paragraph 23:
“[23] The parties always maintained their separate residences in Toronto but stayed together when they travelled outside of Toronto. They spent July and August together each year in Mr. Latner’s Muskoka cottage. In the winter months, they spent time together in Florida — from Thursday until Monday morning on alternate weeks when Ms. Climans’ children were with their father and sometimes during the winter school break. The parties also frequently vacationed together.”
Throughout their relationship the parties maintained separate residences in Toronto. While the
Respondent proposed the parties enter into a domestic contract, no domestic contract was ever
signed.[5]
As such, provided the numerous factors considered by the court in Climans v. Latner
are present, spousal support can be ordered, even in cases where the parties did not continuously
live together for three years, or have a child together.
If your common law separation involves the issue of spousal support, obtain the legal advice of
an experienced lawyer to ensure you are well informed on your rights and responsibilities around
this important issue.
[1] Section 29, Family Law Act, R.S.O. 1990, c. F.3
[2] Climans v. Latner, 2020 ONCA 554 (CanLII)
[3] Paragraph 6, Climans v. Latner, 2020 ONCA 554 (CanLII)
[4] Paragraph 11, Climans v. Latner, 2020 ONCA 554 (CanLII)
[5] Paragraph 26, Paragraph 11, Climans v. Latner, 2020 ONCA 554 (CanLII)
Written By Erick McKinlay
If you’re ending a common law relationship and spousal support may be an issue, don’t leave your future to chance. Speak with an experienced family law lawyer at Progressive Legal Solutions to protect your rights. Contact us today for guidance: https://plslawyers.ca/contact/