Can You Get a Foreign Divorce to Avoid Spousal Support in Ontario? What the Courts Say

When going through a separation, individuals sometimes explore whether obtaining a divorce in another country can help them minimize or entirely avoid spousal support obligations in Ontario. Whether it is seeking out a jurisdiction with different legal frameworks or attempting to fast-track an overseas dissolution, the strategy is often driven by a desire to sidestep local financial obligations.

However, Ontario courts are well-versed in these tactics. Rather than treating a foreign decree as a clean escape hatch, Ontario jurisprudence approaches a ‘divorce abroad to avoid support’ primarily as a recognition and jurisdiction problem.

1. The First Hurdle: Will Ontario Recognize the Foreign Divorce?

Before any family law issues can be settled, an Ontario court must determine whether a foreign divorce is legally valid in the province.

• Adjudicative Oversight Required: Ontario courts will only engage in a recognition analysis for foreign divorces that were actually granted through official judicial or administrative oversight—not merely administratively registered or rubber-stamped.
• Limited Exceptions to Recognition: Even if a foreign divorce appears valid on its face, Ontario courts can refuse recognition under established common-law exceptions, including lack of foreign jurisdiction under that country’s own laws, fraud going to jurisdiction, denial of natural justice (e.g., lack of proper notice), a narrow public policy exception, and unfair forum-shopping tactics.

2. The Public Policy Trap: Refusing Recognition to Dodge Support

If the evidence establishes that a spouse intentionally pursued a foreign divorce specifically to evade Ontario spousal support obligations, the court may refuse to recognize the foreign decree entirely.

Key Case Example: In Vyazemskaya v. Safin [cite: 1], the trial judge refused to recognize a Russian divorce where the husband engaged in forum shopping by initiating proceedings in Russia solely because Russian law did not provide for spousal support. The Court of Appeal upheld the principle that divorces obtained through unfair forum shopping or improper motives can be denied recognition on public policy grounds.

When a foreign divorce is refused recognition, Ontario courts proceed on the basis that the spouses are not legally divorced in Ontario, meaning local family proceedings—including spousal support under the federal Divorce Act—can move forward unhindered.

3. What Happens If the Foreign Divorce Is Recognized?

If a foreign divorce is successfully recognized as valid, it triggers a different legal landscape regarding fresh support claims:

• Cut-Off Under the Divorce Act: Ontario appellate authority establishes that after a valid foreign divorce, a party generally cannot seek spousal support under the federal Divorce Act because ‘corollary relief’ is tied directly to the granting of a Canadian divorce (Okmyansky v. Okmyansky).
• Interpretation of the Family Law Act (Part III): Ontario courts have consistently interpreted provincial legislation as not permitting a ‘former spouse’ (someone already legally divorced in a foreign jurisdiction) to apply for fresh spousal support under Part III of the Family Law Act (relying on landmark decisions like Rothgiesser v. Rothgiesser and Cheng v. Liu).

Disclaimer: Family law involving cross-border elements and foreign decrees is highly complex. If you are facing issues regarding foreign divorces, jurisdiction, or spousal support, consult with a qualified family law professional in Ontario.