Is a common law husband entitled to lump sum maintenance?

Saskatchewan, Canada


The following excerpt is from Nicholas v. Nicholas, 1988 CanLII 5229 (SK CA):

Parsons v. Parsons is easily distinguished from the case at hand. The order was for interim maintenance for the wife. Her common law husband could not contribute to her support and the wife denied that she was in common law. In this case, the decree nisi granted the wife lump sum maintenance plus periodic maintenance.

In Horlock v. Horlock, the decree nisi granted the wife lump sum maintenance plus periodic maintenance. Seven years after the decree nisi, the wife commenced a common law relationship. The husband wanted the periodic maintenance terminated. It was held on appeal that the periodic maintenance should continue.

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