The End of No-Fault Divorce? The Leskun Case

June 22nd, 2006

The Supreme Court released the Leskun decision today:
http://www.scc-csc.gc.ca/judgments/2006scc025.htm

At issue was the interplay between fault and spousal support. Ms Leskun argued that support should not be reduced as, 8 years after the fact, she was still too emotionally devastated by her husband’s affair to work.

The Supreme Court held that while fault is not directly considered in awarding spousal support the consequences of the fault can be considered. In the circumstances, the Supreme Court upheld the award of spousal support.

You can find more details about the case discussed in the forums:
http://www.ottawadivorce.com/forum/political-issues/1195-end-no-fault-divorce.html

There was also a previous discussion in the forums about this case before it was heard by the Supreme Court:
http://www.ottawadivorce.com/forum/political-issues/578-bc-divorce-spousal-conduct.html

Taking off my legal hat for a moment, I’m disappointed at the Supreme Court’s endorsement of a person’s unwillingness to take responsiblity for her own feelings and thoughts.

Ms Leskun’s emotional devasation 8 years after her husband’s affair is self-inflicted. A person’s emotional state can be changed over time through rational thought about their feelings and emotions. A person control’s his or her own life. While a divorce can be justifiably devastating, a person has a responsbility to move on with his or her own life in (much) less than 8 years.

I know plenty of people whose spouses have had affairs and even done much worse things to them than that. After a reasonable period of time, they move on. Hopefully, they even learn something from the experience that leaves them wiser and happier in the future. None of them are still so incapactiated 8 years later that they’re unable to work. 8 years is a long, long time.

I’m not saying that it’s as easy as telling yourself not to be emotionally devastated. But if you take the time to think about things like why you’re letting someone who doesn’t even love you any more to emotionally cripple you for over 8 years, and think about it honestly and objectively, you’ll make a lot of progress.

It’s all too easy for Ms Leskund to blame her former husband for her feelings and thoughts, rather than to take some responsiblity for them. And some of the most powerful people in the country, the Supreme Court, has validated this lack of responsibility for your own feelings and thoughts. It’s a sad day indeed for independent people.