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Chicago Divorce Lawyer Corri Fetman

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Billionaire Fights Alimony For Former Lover - Challenge To Quebec Law
Sue Montgomery, Canwest News Service

Friday, January 23, 2009

A Quebec billionaire at the centre of a messy and public airing of his 10-year relationship with a young Brazilian summed up yesterday why he never married her, despite having three children together.

"It's not my cup of tea," the man, who can't be identified under provincial law, told a packed Quebec Superior Court room. His former common-law wife has launched a constitutional challenge to Quebec's unique-in-Canada family law to receive financial support, in a case that could affect the rights of the one million common-law couples in the province.

"I just wish I wasn't in the middle of it," the man said. "I'm disappointed that what was supposed to be a constitutional debate has evolved into an airing of our dirty laundry."

In Quebec, couples living common-law have to pay only child support and are under no obligation to provide support to the spouse, or to divide assets once the union ends.

The woman's lawyers, who expect the case to go to Canada's top court, want couples in de facto unions for three years without children or one year with children treated the same as people who are married, just as in all other provinces.

The woman is asking for $56,000 a month plus a onetime payment of $50-million -- a figure she says reflects the kind of spending power she had when the two were together.

But the man, now living with a model to whom he is not married but with whom he has two children, says he gives the three children by his former lover ample support.

They and their mother are in the process of moving out of their Westmount home, which has a mould problem, into a $2.4-million Outremont home that is in the man's name. He pays for the nannies, chauffeur, cleaning lady and cook, as well as all the children's school fees. He gives the woman $35,000 a month in child support.

One of the two lawyers fighting her case said it isn't about the money she seeks, but about changing the rules to benefit all spouses in common-law relationships.

"This is a situation that affects many people who don't have the means to fight," Marie-Helene Dube said this week. "Look how many are fighting against us," she said, pointing to eight lawyers, stacks of documents piled in front of them.

Yesterday, the man's testimony sounded like a script from a soap opera, as he recounted details of their tumultuous relationship. It was peppered with details of jetting off to Europe, Brazil, Fiji, Japan and Dubai, house parties with 2,500 guests and denials of drug overdoses.

"We were incredibly in love and our three children were made with love," he said. "But on the other hand, I was constantly criticized for my lifestyle, that I worked too hard and for the people I hung out with. And I had problems with her behaviour, too."

He met the girl, then 17 and 15 years younger than he was, on a beach in Brazil in 1992. In January, 1995, the woman came to Canada and studied French at McGill while trying to build up a modelling portfolio. But by the summer, they had broken up. They were back together for Christmas in Brazil and New Year's in London. By February, 1996, she was pregnant.

"So we decided to get back together and go through the pregnancy together," he said, adding the concept of marriage was discussed.

"I said I didn't believe in the institution of marriage ... and if I did it, it would be with a contract to separate our assets. I didn't want to put [my business] in danger. I had a lot of friends who had experience with divorce in similar situations and their business was thrown into the conflict as well."