Decades ago the term palimony was coined. Palimony is a popular (but not a historical or legal) term used to describe the division of financial assets and real property on the termination of a personal relationship. Many courts, including Canadian courts have not so subtlety encouraged marriage holding that there were minimal if any financial rights for unmarried couples. The Globe and Mail reports that may change in Canada.
At the heart of the case being argued on Wednesday are a Quebec couple, identifiable only as Lola and Eric, who enjoyed a life of fabulous wealth. Lola’s lawyers argue that under Quebec’s legal regime, their client is precluded from obtaining spousal support, let alone a share of Eric’s multibillion-dollar assets.
The first stage of inquiry for the Supreme Court will be to determine whether Quebec should be compelled to join the rest of Canada in offering common-law spouses the same rights as married couples when it comes to obtaining spousal support.
Should it choose to go further, the court could reverse its 10-year-old precedent in the case of Walsh v. Bona, erasing a sharp line the court drew between marriage and common law when it comes to the division of property. National – The Globe and Mail