Common-law rights if still married??

[sjackson]

We are common law, are making an agreement, share title on the house and have wills...but we are still married to other people (separated but married). We don't plan to marry so why spend the money getting divorced?

Is there any risk to either of us if one of us dies or our ex's get hurt or ill....

[dinkyface]

I assume that neither of you have signed a formal separation agreement with your 'legal' spouse? So it is possible that either or both could become involved in a costly dispute regarding spousal support and equalization payments when you eventually DO get divorced from your 'legal' spouses. If your new partner dies, I suppose their 'legal' spouse could then make their separation claims against your joint assets. You can picture the axe that's just hanging up there......

[sjackson]

We do both have signed separation agreements with our ex's...we actually all get along well and have had no problems with child support, visits...etc for many years....we are just wondering why should we bother with the expense of a divorse...are we more protected? For example if we own a house together and have a will that gives each other the full title upon death..could the ex question that if they have been legally separated for 14 years and we have lived together common law for 8?

[PhoenixRising]

A legal spouse is the only one that can authorize life saving treatment in the events of an accident. And will have legal title of your remains should there be a death. Will may also be overturned in the event of your death.

If you have all the issues sorted out and a divorce is easy to draw up buy a divorce kit from staples and file it with the court. A friend of mine had his divorce done that way.