Are common law spouses entitled to spousal support?

Alberta, Canada


The following excerpt is from Harvey v. Rogers, 1997 CanLII 14948 (AB QB):

Further, the recent Alberta case of Taylor v. Rossu, [1996] A.J. No. 918 expanded the rights of common law spouses to spousal support on the basis it was a violation of the Charter of Rights and Freedoms to deny such parties those support rights presently available to married spouses. Although the case before me was not argued on that basis and I need not rely on Taylor v. Rossu, supra, for authority to support my conclusion of unjust enrichment and a constructive trust, it is an indication of the direction that the Courts are proceeding in.

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