Canada Family Law
Have a Canadian Family Law Question? Ask a family lawyer.
Hello, thank you for your question.
The Supreme Court of Canada decided this issue in the early 1960s. In Canada "alienation of affection", or the stealing away of one's spouse, is not recognized as a source of damages in civil court.
There are a few of the US states which still allow this kind of case, which is why it keeps popping up as an issue.
Infidelity does have it's uses in family court in Canada. It can be grounds for an immediate divorce, and if the affair was a blatant repudiation of the marriage vows the court can reward the wronged party with a greater share of the family property. It can have indirect influence on the issue of spousal support as well depending on the evidence.
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