Spousal Support For Common Law In Ontario
Description
How to fill out Common Law Spouse Or Marriage Declaration Or Affidavit?
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FAQ
In Ontario, common-law spouses have the same rights to spousal support as married couples: as long as they have been living together for at least three years, or. if they have a child together and have been living together in a relationship of some permanence.
Yes, you may bring a claim under the Family Law Act which contemplates common-law couples. However, in order for your claim to be successful, you must satisfy the extended definition of ?spouse? under s. 29 of the Act.
The amount of support ranges from 1.5 to 2 per cent of the difference between the spouses' gross income amounts for each year of marriage or cohabitation, up to a maximum of 50 percent, (where 50 percent represents an equalization in income).
Common-Law Spouses and Spousal Support Unlike property, common-law spouses may be entitled to spousal support upon separation. If, for instance, you made more income or had more assets than your partner, you may need to pay spousal support to help your spouse become financially independent.
This may depend on how long the couple lived together before they separated. For example, in some provinces and territories a common-law couple must live together for two or three years before either partner is eligible for spousal support. Provincial and territorial rules vary across Canada.
