Find a lawyer to help you answer your legal questions.

  • My Legal Briefcase

    It is true that marriage alone without domestic contract, provides no legal or economic protection to your spouse and children, in the face of a support claim from another? (For example, someone from your past comes back to haunt you, using the Family Law Act.)
    Notice: Undefined property: stdClass::$post_date in /var/www/webapp/ui/mlb_faq.php on line 96

    Yes. The former spouse could, in many cases, use the Divorce Act to make a
    support claim, not just the Family Law Act. However, this is not true in all cases. If the
    marriage was of very short duration, and if your spouse was not truly dependant on you
    during the course of the relationship, or if there was clearly no need arising from the
    marriage, then the marriage itself does not automatically allow for spousal support.
    Otherwise, each case has to be examined on its merits. Does the woman really have a
    need? What is the former husband's financial circumstances and current child support
    responsibilities? What did she wait so long to raise her claim? These are all legitimate
    questions that must be answered before a court will consider spousal support. It is not
    automatically granted.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.

Document Banner