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.

Other Questions


Does remarriage of a divorced spouse entitled to court-ordered support from a former spouse automatically justify or discharge a subsisting order for spousal and child support? (Alberta, Canada)
Is a common law wife entitled to use the term "common law husband" in the context of the common law husband? (Alberta, Canada)
What is the test for determining whether a spouse is disabled and entitled to spousal support? (Alberta, Canada)
In a common law common-law relationship, what is the test for calculating the equalization of benefits between spouses and their common law partners? (Alberta, Canada)
Does a statutory scheme directing the equal division of matrimonial property between the spouses of a common law husband and the common law spouse preclude equitable remedy? (Alberta, Canada)
Does a common law spouse have to equal division of assets acquired by their common law spouses? (Alberta, Canada)
Is there any common law common law concept or common law relation to corporate shields or corporate vale? (Alberta, Canada)
How has the court considered the relationship between child support and spousal support? (Alberta, Canada)
What is the effect of a spouse's gift from one spouse to the other spouse of a jointly designated beneficiary of an exempt amount? (Alberta, Canada)
Is child support for the purposes of spousal support appropriate? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.