Child of the marriage

A specific definition used in the Divorce Act. The definition is ‘…a child of two spouses or former spouses who, at the material time, (a) is under the age of majority and who has not withdrawn from their charge, or (b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.’

In other words, a ‘child of the marriage’ is a child under 19 (in Nova Scotia) who still depends on their parents to provide for them, or who is over 19, but still depends on their parents because, for example, they are still in school, or have an illness or disability that prevents them from supporting themselves.