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Family - Spouse - Meaning (2). Obahiagbon v. Nhau
In Obahiagbon v. Nhau (Ont Div Ct, 2026) the Ontario Divisional Court dismissed an appeal, this brought against lower court findings that "the parties were “spouses” pursuant to s. 29 of the Family Law Act, R.S.O. 1990, c. F.3 and that the respondent was entitled to mid-range spousal support from the appellant on both a compensatory and non-compensatory basis."
Here the court considers factors establishing spousal status:[29] The factors relevant to determining the existence of a spousal relationship are well established. These inexhaustive factors include shared shelter, sexual and personal behaviour, services, social activities, economic support and children, as well as the societal perception of the couple. These elements may be present in varying degrees. Not all are necessary for the relationship to be found to be spousal. The fact that one party continues to maintain a separate residence does not preclude a finding that that the parties are in a relationship of some permanence. Shelter arrangements are only one of several factors in assessing whether the parties are cohabiting: Molodowich v. Penttinen, 1980 CanLII 1537 (ON SC) at para. 16; M. v. H., 1999 CanLII 686 (SCC); Kassabian v. Marcarian, 2025 ONCA 239 at para. 21; Stephen v. Stawecki, 2006 CanLII 20225 (ON CA) at para. 4.
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