Foreign Divorces and Spousal Support: Navigating the Complexities

As families become more mobile, the legal challenges surrounding divorce and spousal support can become increasingly complex, especially when different countries' laws are involved. This issue is particularly pressing for couples in Ontario when a divorce is granted outside of Canada.

The Legal Landscape
A foreign divorce can significantly impact the ability to obtain spousal support in Ontario. Two recent cases from the Court of Appeal for Ontario highlight the complexities and potential pitfalls of this situation.

Case Summaries

Case 1: Russia
A couple married in Russia and moved to Ontario in 2018. Shortly after separating in 2019, the husband filed for divorce in Russia, which was granted in early 2020. The wife, unable to seek spousal support under Russian law, argued that the divorce was an attempt to avoid his support obligations. The Ontario Superior Court and the Court of Appeal both refused to recognize the Russian divorce, allowing the wife to pursue spousal support in Ontario. Justice Jonathon George emphasized that unfair forum-shopping tactics are against Canadian principles of partnership and equality in family law.

Case 2: Bangladesh
A couple married in Bangladesh moved to Canada in 2016, with the wife joining in 2017. The husband divorced the wife under Bangladeshi law before her arrival in Canada. Despite her subsequent remarriage, the wife sought spousal support in Ontario. However, the Ontario court recognized the Bangladeshi divorce, and Justice Julie Thorburn noted that Ontario law does not allow a former spouse to seek support after a foreign divorce. She pointed out that legislation changes could address this issue to prevent hardship for those affected.

Key Takeaways
For Ontario couples with international ties, it's crucial to understand their rights and obligations regarding spousal support. These cases underscore the importance of careful legal planning and the potential need for legislative reform to protect spousal support rights after foreign divorces.

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