SCC Decision: September 25, 2008

M.T. v. J.-Y.T., 2008 SCC 50
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(Family law / Divorce / Family assets)
M, a civil servant, and J, a judge, were married in 1992, having been together since 1985.  In 2004, they separated.  J was more than 20 years older than M, had paid for several training and education programs for M during their relationship, and paid for moving and educational expenses after separation.  In divorce proceedings, J sought to exclude benefits under his judge's pension from partition.  The Court, interpreting Quebec law, found that M had not defaulted on her obligation to "contribute to forming and maintaining the family patrimony" during marriage.  Absent such a default, there was no reason to deviate from an equal partition of the family patrimony upon divorce.
Majority/Dissent: 7/0