The Court of Appeal of Quebec might Change the Way you Love: Lola v. Éric
On November 3, the Court of Appeal of Quebec rendered a very important decision in family law; a ruling that might change the way you love! In fact, the Court of Appeal redefined the obligations of common law couples. It declared unconstitutional article 585 of the Civil Code of Quebec on the basis that is discriminatory for couple in a common law relationship. This declaration is being suspended for a year. Such article stipulates that married or civil union spouses owe each other support, which therefore precludes common law spouses to claim for alimony payment. However, the Court of Appeal ruling allowed for alimonies, but not for the division of the financial assets.
In other words, the Court of Appeal opens the doors to common law spouses to claim for alimony payments after the separation, just like a married couple. It is still unclear how the court will establish when a couple is going to be interpreted as a common law couple. In the rest of Canada, it is usually defined by time and/or if the couple has a child together or not. This decision will most probably affects Quebecers since it was reported that 34.6% of couples in Quebec are likely living in a common law relationship and, in 2002, 60% of children were born out of a couple not married.
In this case, Lola already received on behalf of her 3 children alimonies from her ex-boyfriend. Furthermore, Éric, the ex-boyfriend, also provided to Lola and their children a house, a car and a certain sum of money to pay the scholar fees and the trips of their children.
We do not know yet if the decision will be appealed to the Supreme Court of Canada. In the meantime, it will be very questionable if this ruling will affect your relationship with your common law spouse. Should you be living with your love one? Should you be paying for her/his scholar fees since you are making a lot more? In any event, doesn’t it love with a capital “L” the most important thing despite the existence of any legal obligations?
Me Ponora Ang, vice-president of YCPA