SPOUSES RIGHTS IN A SHORT TERM MARRIAGE

WHAT IS A SHORT TERM MARRIAGE?

Often, a short-term marriage constitutes any marriage under 5 years, but this can vary on a case by case basis. Without proper legal advice, some parties are misled to believe they are not entitled to property division after a short-term marriage, specifically in the event that your spouse brought the property, or matrimonial home, into the marriage.

UNEQUAL DIVISION OF PROPERTY IN SHORT TERM MARRIAGES:

Ontario’s Family Law Act creates a presumption in favor of equal division of net family property. Courts only deviate from this rule in circumstances where they believe that equal division would lead to unconscionable results. In Short term marriages it would be unfair for one spouse to walk away with half of everything when they entered the marriage with very little to offer.

In Booth v. Bilek, 2021 ONCA 128, the Ontario Court of Appeal considered an appeal of a trial judge’s decision to refuse to provide a full equalization of net family property due to the short length of marriage, which in this case was 48 months.The judge relied on section 5(6) of the Family Law Act which enables a court to vary a spouse’s share of the net family property if they are of the view that an equal share would be unconscionable. In assessing whether equalization would be unconscionable, the Family Law Act lists factors courts must consider, one of which is whether the amount a spouse would receive is disproportionately large in relation to a period of cohabitation that is less than five years..

If the marriage is fewer than 5 years, it does not automatically result in an uneven division of property, the court must find that such a division would be unjust.

MATRIMONIAL HOME IN SHORT TERM MARRIAGE:

Kucera v Kucera was a case where a spouse brought a matrimonial home into a short marriage. Equalization recognizes marriage as a partnership and that wealth accumulated throughout the partnership should be shared equally. Yet, the court also acknowledged that the equalization process can also share the value of specific assets such as a matrimonial home that was acquired by a spouse prior to marriage, and in very short marriages “this represents an unjustifiable windfall to the non-titled spouse.” Section 5(6) can be used to remedy that unfairness. The court considered the following factors on this case:

the home was purchased by the Husband well before the marriage, with no contribution from the Wife;
the home was not improved during the marriage in any way;
the Husband paid all of the bills to maintain the home, as well as all other living expenses for both parties, during cohabitation;
the bulk of the presumptive equalization payment has not been generated from any significant increase in the value of the Husband’s assets during cohabitation, but rather from the value of the matrimonial home that he brought into the marriage;
the Wife has improved her financial position even without receiving an equalization payment, since she paid off a debt of $4,260 during the marriage, and left with $9,400 cash in hand;
there are no children of the marriage and therefore there has been no contribution to the marriage, within the meaning of s. 5(7), by either party in that regard

Based on those factors, it was unconscionable to award the wife equalization generated from a matrimonial home the husband brought into a short marriage when the wife had made no contributions towards the home’s maintenance.

SPOUSAL SUPPORT IN SHORT TERM MARRIAGES:

The length of time that the spouses have cohabited is one of the factors that a court will consider in deciding the period of spousal support. In general, the longer the term of the cohabitation, the longer spousal support will be payable. The Spousal Support Advisory Guidelines provide a starting point for the duration and quantum of support. But these are not fixed ranges, and each case will depend on the context of the specific relationship. Usually, after a short term marriage, the length of spousal support will also be short-lived.

But, in Spurgeon, v Spurgeon, the court stated that “each marriage creates its own pattern of dependency and the court should recognize and redress such dependency in determining the duration of support.” In that decision, the court discussed that while the length of marriage is relevant, it was clear that even a brief marriage can give rise to lengthy or permanent support obligations.

What is the spousal support obligation in a short-term marriage with children?

Short-term marriages where there are dependent children can give rise to extended support. In these circumstances, the support is primarily compensatory in nature due to a spouse’s child care obligations. The Spousal Support Advisory Guidelines directly address this issue and state, at section 8.5.5, that the length of marriage in such instances does not provide a measure for the duration of support.

CONCLUSION:

The court may depart from the presumption of equal division of net family property, if the result is simply unjust. If you have been in a short-term marriage without children, it is likely that little to no spousal support will be paid. If you have been in a short-term marriage with children, support can be extended and last longer than the marriage.

Separation and divorce is a very difficult time in any person’s life. In the midst of all the emotions you are going through, it is important to know your rights and obligations. If you find yourself in any of the situations mentioned above, it is important to consult a lawyer.