In a landmark decision, the Ontario Superior Court has taken a bold step forward in family law with its ruling in Rasaei v. Bahman, 2025 ONSC 2074. This case expands the ability of individuals to pursue spousal support in Ontario, even after a divorce granted by a foreign jurisdiction has been recognized.
Background: The Case at a Glance
The case involved a woman seeking spousal support in Ontario after her husband obtained a divorce in Bahrain. The issue before the court was whether the foreign divorce should be recognized under Ontario law. If recognized, she would no longer meet the definition of “spouse” under the Divorce Act, and her claim for spousal support would be barred.
The Legal Roadblock
Historically, Ontario courts have followed appellate authority suggesting that once a foreign divorce is recognized, the parties are no longer considered spouses under either the Divorce Act or the Family Law Act. This has created a significant legal gap. Individuals who received divorces in other countries — often women who were economically disadvantaged by the outcome — had little or no recourse in Ontario courts.
This precedent has been criticized for leaving vulnerable spouses without access to support, particularly in cases where the foreign process offered little procedural fairness or financial protection.
A Turning Point in Ontario Family Law
In a progressive and well-reasoned decision, Justice Finlayson broke from tradition. Rather than following older Court of Appeal decisions, he looked to more recent commentary from the appellate court in cases like Vyazemskaya v. Safin and Sonia v. Ratan, both decided in 2024. These cases signaled that it may be time to revisit the strict rules around foreign divorces and support entitlement.
Justice Finlayson concluded that strict adherence to vertical stare decisis was not required in this case. Given the evolving nature of family relationships and the need for fairness, he chose a broader interpretation of the word “spouse” under the Family Law Act — allowing the applicant to proceed with her support claim despite the foreign divorce.
Why This Decision Matters
This case is a pivotal moment in Ontario family law. It affirms that fairness and equity can outweigh rigid legal formalism, especially when cross-border family dynamics are at play. For individuals who have experienced divorce in another country, this ruling may offer a new opportunity to seek support and protect their financial well-being.
It also sets the stage for potential appellate review, which may bring further clarification and development of the law in this area.
If you have experienced a foreign divorce and are unsure of your rights in Ontario, our team is here to help. We stay informed on the latest developments in family law to protect your interests and advocate for the outcomes you deserve.
If you’re unsure how a foreign divorce impacts your rights, or you’re navigating a complex support issue, we can help you explore your options and protect your future. Reach out for trusted, compassionate legal advice tailored to your situation at 647-499-5565 or [email protected].