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Court paves way for alimony in common-law relationships

In a decision that could affect more than one million Quebecers, the province’s top court has paved the way for common-law spouses to obtain alimony.

MONTREAL — In a decision that could affect more than one million Quebecers, the province’s top court has paved the way for common-law spouses to obtain alimony.

The Quebec Court of Appeal ruled on Wednesday that a provision in the Civil Code dealing with alimony discriminates against common-law spouses.

The court was ruling on one specific case involving an unmarried woman who was denied the right to alimony from her wealthy ex, who is a prominent businessman.

His lawyers argued successfully in Quebec Superior Court he did not owe her alimony because they were never legally married.

The appeals court has given the government one year to replace the provision in the Civil Code.