A Quebec couple's nasty separation is before the province's highest court to determine whether unmarried conjugal couples should benefit from the same rights and protections as married couples.
The woman nicknamed "Lola" sent an army of lawyers to the three-judge court Wednesday to argue that she's the victim of discrimination because she was never legally married to the wealthy father of their three children.
Though she's receiving child support, under Quebec law, she is not entitled to ask for spousal support or a split of his assets.
"She should have the same protection and not be left to their own devises," said constitutional lawyer Guy Pratte.
Last year, Quebec's Superior Court rejected Lola's claim for spousal support, arguing that she should have married her boyfriend if she wanted financial security, and it's the government's responsibility to amend the law, not the court's
Her divorce lawyer Ann-France Goldwater disagreed.
"The legislator speaks to the people, and the courts speak to the legislator," said Goldwater.
Regardless of the outcome, the case is likely to be appealed to the Supreme Court of Canada
Implications for Quebec couples
The implications of this case are major in Quebec. As much as 34 per cent of live-in couples are not married, and 60 per cent of children are born out of wedlock.
Lawyer and legal author Sylvie Schirm said the court has to choose between two visions.
"The real debate is freedom of choice: whether I choose to be married or not. Do I choose to be covered by the law or not -- and on the other side, the protection of the family," she said.
The very public fight has benefits for all Quebecers, said Shirm.
"If there's one good thing from this, it's that it informed a lot of people of their rights," said Shirm. "If you're not married, you do not have any rights as a family."
