Does a former spouse have to continue to pay spousal maintenance for the duration of their relationship?

Canada (Federal), Canada

The following excerpt is from Richardson v. Richardson, [1987] 1 SCR 857, 1987 CanLII 58 (SCC):

12. Counsel for the appellant relies, however, on comments in the case law which suggest that certain factors may per se justify a court in varying the terms of a settlement agreement. He submits, for example, that the fact that the appellant is now in receipt of public assistance is one such factor. However, as mentioned in Pelech, the fact that a former spouse has become or may become a public charge does not by itself justify the variation of a spousal maintenance order. In the absence of a radical change in circumstances tied to a marriage related pattern of economic dependency "the obligation to support the former spouse should be, as in the case of any other citizen, the communal responsibility of the state" (Pelech v. Pelech, supra, at p. 852). Otherwise a person who has once been married continues to be contingently liable for the support of his or her former spouse for the duration of their joint lives.

Other Questions


Is a person who receives unemployment insurance benefits and continues to work, without remuneration, after her termination of employment, entitled to continue to receive benefits? (Canada (Federal), Canada)
What are the factors used to determine whether a spouse has reason to know of a substantial understatement on a spouse's income statement? (MultiRegion, United States of America)
What is the proper venue for a continuing or continuing crime? (MultiRegion, United States of America)
Is Ogundipe's claim that a judge's refusal to grant a continuance to allow him to continue with his trial is an abuse of time? (MultiRegion, United States of America)
What is the test for establishing that a relationship does not exist merely because the parties choose to describe it as a relationship? (Canada (Federal), Canada)
What is the impact of a Contractor's (CBA) obligation to provide life-long disability benefits to each spouse and dependent spouse? (MultiRegion, United States of America)
What is the difference between spousal support and maintenance? (Canada (Federal), Canada)
What is the impact of an Agreement between a husband and his former spouse on his income tax liability? (Canada (Federal), Canada)
What is the current state of the law in relation to maintenance and support obligations based solely on family relationships? (MultiRegion, United States of America)
How have courts interpreted the concept of continuing practice in the context of "continuing practice"? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.