When Does Childhood End? Post-Separation Support for Adult Children in Canada

This paper discusses the provisions of the federal Divorce Act and provincial legislation like British Columbia’s Family Law Act that impose an obligation on separated or divorced parents to support adult children, and reviews leading cases interpreting these legislative provisions. While the obligation to support adult children remains a contentious and discretionary area, there are some clear trends in the case law. Social and economic changes have resulted in “delayed adulthood;” young adults are living with their parents longer, as well as looking to parents for financial support for increasing periods. These changes have been reflected in judicial attitudes towards the support of adult children whose parents have separated or divorced: compared to three decades ago, when the present Divorce Act came into effect, Canadian courts are recognizing a greater and longer obligation to provide support for adult children, especially those undertaking post-secondary education. For higher income payors, this may extend to support for a professional degree or degrees, with support into their mid-twenties. When an adult child has a disability and continues to reside with one parent and receive care and support from that parent, the courts may extend the support obligation indefinitely, though social assistance and disability pensions will be considered in setting the amount of this obligation