Foreign Divorce Can Undermine Bid For Spousal Support

Families today are increasingly mobile, often driven by a work-from-anywhere mindset. But when a couple that has ties to more than one country decides to separate, the question of which country's laws govern the split can have significant consequences.

For a spouse in Ontario, the jurisdictional controversy arising from separation is particularly acute when a divorce is granted outside of Canada. Simply put, the granting of a foreign divorce will extinguish the ability of a separated spouse in Ontario to obtain spousal support under the laws of Canada and Ontario.

This issue was recently before the Court of Appeal for Ontario in two unrelated cases, decisions for which were released in February.