In Canada, when couples seek a divorce, they can do so based on three primary grounds: separation, adultery, and cruelty. In this blog, our focus will be on the implications of adultery and cruelty, specifically in relation to spousal support.
When divorces are pursued on the grounds of adultery, a common question emerges: Does an adulterous spouse have to pay more in spousal support as per family law? The straightforward answer is no. (Even the best divorce lawyers will have a hard time telling you otherwise.) As a matter of fact, in Canada, the legal system adheres to a no-fault divorce principle. This means that regardless of the reasons behind the marriage’s breakdown, such as adultery by one partner, the other partner isn’t automatically exempt from potential financial responsibilities. Put simply, even if one partner was unfaithful, it doesn’t absolve either of them from potential financial obligations. The primary focus of the court is on the financial circumstances and needs of both individuals, not the events that led to the breakup of the marriage. Contrary to the belief, being a victim of adultery doesn’t entitle someone to increased spousal support. Legally, the act of adultery doesn’t factor into financial settlement decisions.
Shifting our attention to cruelty, another significant reason for divorce, the question often arises: Is a victim of cruelty entitled to more spousal support in Canada? Just as with adultery, instances of cruelty don’t necessarily affect the amount of spousal support awarded. A misconception is that enduring cruelty equates to a higher support entitlement. However, in most cases, the court makes decisions about support based on the financial needs of the parties involved, not as a penalty for bad behavior. The Divorce Act disregards the spouse’s behavior during the divorce.
The answer is nuanced. The potential for remedy is largely contingent upon the degree of harm experienced and its subsequent effects. For instance, if one spouse can demonstrate that injuries caused by their partner led to their inability to work, they might be awarded support based on this evidence. An example is the case of Leskun v. Leskun (2006) SCC, where one spouse, due to severe depression triggered by the actions of the other, couldn’t pursue employment. This psychological impact played a pivotal role in the court’s decision regarding spousal support.
Additionally, the recent case of Ahluwalia v. Ahluwalia is noteworthy. In this case, the court highlighted that prolonged physical and emotional abuse is intolerable, and compensation will be awarded based on the history of such abuse. Instead of concentrating solely on isolated incidents, the court considers consistent patterns of mistreatment between partners, frequently utilizing this history when deciding on compensation.
When deciding on spousal support, the court doesn’t consider factors such as who is responsible for the breakdown of the marriage, incidents of adultery, or episodes of cruelty. Therefore, a dedicated lawyer for spousal support will make sure to pursue a case based on the ground reality; that financial obligations are distinct from a spouse’s behavior and are rooted in the no-fault principle.
Parting ways with your spouse can be an excruciatingly painful time. However, with a divorce attorney that understands the sensitive intricacies of your case, the phase can be easily navigated. Providing careful guidance and effective representation for you, we make divorce a breeze to pass through! If in need, feel free to dial us for a quick consultation with a divorce lawyer in Toronto and Mississauga.
