Divorced Abroad to Dodge Support? Toronto Chinese Divorce Lawyer Says No

A lot of people assume: “We live in Ontario, our property is in Ontario, but if I go back home to get divorced, I won’t have to talk about support.”

Short answer: No. It’s not automatic.

In Ontario, the right question isn’t “is there still support after a foreign divorce.” It’s “does Ontario recognize this foreign divorce.” Recognized or not — two completely different tracks.

If the foreign divorce is recognized, what happens to spousal support?

Usually, you can’t get it.

Once recognized, a Canadian court can’t add Divorce Act corollary relief on top of a foreign divorce. Spousal support under s. 15.2 of the Divorce Act travels with a Canadian divorce order. No Canadian divorce order, that route is closed.

Cheng v. Liu, 2017 ONCA 104 also says the “spouse” definition in Part III of the Family Law Act generally doesn’t cover someone who’s already divorced. So the classic result is: after a valid foreign divorce, spousal support is usually off the table in Ontario.

Okmyansky, 2007 ONCA 427 goes the same way.

In other words, if you already got the divorce certificate in another country and then come back to Ontario to claim spousal support, Ontario will usually say no. No jurisdiction. If support wasn’t dealt with at the time of divorce, Ontario won’t reopen it now — provided Ontario recognizes the divorce.

What if you ran abroad just to dodge support?

Ontario can refuse to recognize the divorce.

Vyazemskaya v. Safin, 2024 ONCA 156: one party moved out of the matrimonial home and almost immediately got divorced in Russia to dodge an Ontario support claim.

The Court of Appeal carved out “unfair forum shopping” as a standalone reason to refuse recognition. The idea is simple: if you didn’t divorce in Ontario but went to another country because the spousal support rules are different — maybe zero support there, or a tiny amount, versus much higher support in Ontario — the court can refuse to recognize the certificate even if you have it in hand, and still decide spousal support.

In that scenario, though, the evidentiary bar is higher and stricter for both sides.

Once it’s not recognized, you’re still considered married in Canada, and s. 15.2 comes back. How much and for how long gets decided separately.

Not every Chinese divorce gets tossed

Living in China long-term, suing in China, the other side actually got notice — that’s completely different from “living in Ontario and rushing abroad to dodge support.”

The first has real residential ties and usually lines up with s. 22, which also requires a year of habitual residence. That’s a recognition case. The second is the Vyazemskaya route. Don’t mix them.

The two tracks

Recognized: you’re divorced, no need to re-divorce in Canada. Divorce Act support usually closed. Family Law Act support for an ex-spouse usually closed too.

Not recognized: still married in Canada. s. 15.2 is live.

Don’t bundle child support and equalization with spousal support. Cheng splits them into three: spousal support usually closed after a recognized foreign divorce, child support and equalization can usually still go under the Family Law Act.

Do private payments count?

Depends what the money was for.

If there was already a loan between you, the private transfer might just be loan repayment — nothing to do with support.

If it was for living expenses, the court looks at whether you owed child support and spousal support. If you owed both and didn’t specify what the money was for, the court will treat it as child support first.

If you didn’t owe child support, the court can treat it as spousal support. Even if there was no agreement, and the final spousal support order is higher than what you paid, what you already paid can be credited.

One warning: large cash amounts over a long time with no proof — if you can’t prove it, the court won’t count it.

If there’s a foreign divorce in the picture and you’re worried about support being blocked, figure out recognition first, then talk numbers. Book an initial consultation (30 minutes, $220+HST). Call 647-930-6688.

This article provides general legal information only. It is not legal advice and does not create a solicitor-client relationship.