Spousal Support In Common Law Relationships
Spousal support rights of common-law spouses are the same as of married spouses. However, spousal support is more complicated and fluid than child support because the current legislation and caselaw allows for a lot of discretion to be utilized by the judges in determining the appropriate amount and duration of spousal support. Even the quantum of spousal support amount is determined on a spectrum in accordance with the calculations based on Spousal Support Guidelines.
Typical spousal support issues include entitlement (whether the requesting party is even entitled to receive any spousal support), duration and quantum (the amount of support).
Sometimes a party may have an entitlement, but the calculations may result in the payment being zero dollars per month. Sometimes the parties may disagree how long support should be payable for or whether a termination date is even appropriate.
At Progressive Legal Solutions, we have seen files where after having paid spousal support for over a decade a party may find themselves in a situation that the recipient wants more money or wants to extend a termination date or there has never been a termination date set in the final agreement or order. As such, it is important to have a counsel who is able to identify the many nuances that may in the future affect the payor or recipient despite the parties not thinking about it at the moment of signing of the agreement or a consent order.
Progressive Legal Solutions can help you with the issues related to spousal support and all other issues arising out of your separation.
Am I Eligible for Spousal Support?
Frequently Asked Questions About Spousal Support in Common Law Relationships
Yes, if you meet the legal definition of “spouse” by living together for three years or having a child in a relationship of some permanence.
Ontario courts may still recognize you as spouses if your lives were financially and socially intertwined.
Courts look at financial dependence, joint social life, public presentation as a couple, and other factors showing a genuine partnership.
No. While a domestic contract helps clarify rights, courts can award support based on facts and circumstances even without one.
Cohabitation doesn’t need to be full-time. Courts may find periods of living together, even seasonally or on weekends, sufficient to meet the definition.
Read more: Spousal Support in Ontario Common Law Relationships: What You Need to Know