What is matrimonial debt?

Nova Scotia, Canada


The following excerpt is from T.H. v. W.H., 2007 NSSC 19 (CanLII):

Although the Matrimonial Property Act , R.S.N.S. 1989, c. 275 does not mention the term matrimonial debt, it has been used consistently in our courts and I accept the definition summarized by Justice Williams in Grant v. Grant , 2001 NSSF 13 (N.S. S.C.) . Matrimonial debt includes debt incurred for the benefit of the family unit, during the marriage for ordinary household family expenditures reasonably incurred and, after separation, if necessary for basic living expenses or to preserve matrimonial assets. The debt must be capable of legal enforcement.

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