In Haughton v. Corner, the Ontario Superior Court delved into the nuanced definition of cohabitation for spousal support claims involving unmarried partners. Virginia Haughton, the applicant, sought temporary spousal support from David Corner, with whom she claimed to have lived in a conjugal relationship for over 10 years. Corner contested the nature and length of their cohabitation, arguing that while they were intimate, they never consistently lived together, and any time spent together was insufficient to qualify as “spouses” under the Family Law Act (FLA).
The key issue was whether their relationship, characterized by periodic cohabitation and separate residences at times, could establish entitlement to spousal support. Corner argued that he paid rent when staying at Haughton’s home, spent part of the week at a trailer, and that they kept their finances separate. Haughton, however, provided evidence of a long-term intimate relationship, including shared household expenses, family activities, and public recognition of their relationship as a couple.
Justice McDermot sided with Haughton, finding that the couple met the FLA’s definition of “spouses,” even though they lived apart at times. The judge emphasized that there is no “bright line test” for cohabitation, and that the nature of their relationship—marked by shared responsibilities, social activities as a couple, and mutual support—was enough to establish spousal support entitlement.
The court ordered Corner to pay $1,400 per month in temporary spousal support, based on his annual income of $121,183, while acknowledging Haughton’s significantly lower income. Despite Corner’s claim of a recent income drop, the court based the support amount on his previous year’s earnings. The court also dismissed his argument that Haughton, aged 67, should have income imputed for being intentionally underemployed, given her age and health concerns.
This case underscores how Ontario courts interpret cohabitation flexibly in spousal support claims, recognizing that modern relationships often involve unconventional living arrangements. It also highlights the importance of providing evidence of a sustained, conjugal relationship beyond merely sharing a physical home.
0 Comments