Marriage is based on the idea of mutual support rather than independence, advocating for prolonged spousal support.
Some couples claim the rights granted by marriage, even if they are not legally married. They should be reminded of the "lifetime" obligations that may apply to them if such rights are recognized.
A couple gets married despite the fact that, some time before the scheduled date of the wedding, thorough examinations revealed that Madame had multiple sclerosis. After working part-time for more than fifteen years, the disease forces Madame to permanently give up her job. The disease and the accompanying difficulties take a toll on their married life, and after more than twenty years of marriage, they get divorced.
After a fair division of assets, Monsieur commits to paying a weekly alimony to Madame. Seven years have passed when Monsieur applies to the Superior Court and asks to be released from paying the alimony. The Court grants his request.
The Court of Appeal* overturns the decision and obligates Monsieur to continue paying alimony to Madame. "The modus vivendi during the marriage being based on the idea of mutual support rather than independence, militates in favor of recognizing alimony for an extended period of time". This recognition could be a lifetime obligation.
As Elizabeth Taylor said: "Marriage is like the menu at a restaurant: you have to wait for digestion to know if you made the right choice". No one is safe from the flesh-eating bacteria!
* C.A. 200-09-002326-988, 2000-10-10
