What is the obligation of each spouse to support the other spouse in common law?
Ontario, Canada
The following excerpt is from Cockerham v. Hanc, 2015 ONCJ 736 (CanLII):
[94] Under Section 30 of the Family Law Act, every spouse has an obligation to support the other spouse in accordance with need, to the extent that he or she is capable of doing so. This is consistent with the concept of the obligations brought on by partnerships such as this common-law relationship or marriage. In the case of Bracklow v. Bracklow, 1999 CanLII 715 (SCC), 1999 Can L I I 715 (S.C.C.) para. 20 the court discussed the presumption that spouses owe one another a mutual duty of support. This of course is equivalent in common-law relationships as I have found to exist in this case.
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