common law spouses or not?

[tall one]

My partner and I have been in a committed relationship for six years now. During those years I was legally separated from my previous spouse but received my final divorce papers just two months ago. Now my partner and I are going through a rocky period and I have moved out to allow each of us time to figure out if we are really committed to a future together. My question: if either of us makes a claim for support against the other would a court recognize us as common law spouses despite my not having been divorced for most of the past six years?

[KeepSmiling]

Yes

The fact that you lived together for 6 years makes you common law, regardless or your pre-existing marital status

[rszalai]

No.

Check it out under ontario:

Common-law marriage - Wikipedia, the free encyclopedia

"No married person may become eligible to begin the three-year countdown to have a recognized common law spouse until divorce from the first spouse occurs."

[tall one]

Thank you for your relies but it seems we have two opposing opinions to my question. Is there any precedent in an Ontario court decision that would clear up the matter?

[Max22258]

If that can help I was married, she was married and the judge consider us common law which I believe we were anyway. That definition under wiki is interesting, now people will say that I commited fraud again as I filed single with the CRA.

[Mess]

Max, you are committing fraud because your last name is not 22258.

That said, I believe your version here, the Wikipedia is full of errors and needs editing badly. For example it says in Ontario common law kicks in after one year; it is three.

[blinkandimgone]

Wikipedia is just NOT a reliable source of information given that anyone who creates a use account can edit any page at any time.

[rszalai]

this forum is not a reliable source either, but both of them can be a good starting point for further research.

[Mess]

We correct each other and cite sources when we can. That particular Wiki article had cites for Ontario sections but didn't accurately quote info from the FLA.

[Max22258]

Originally Posted by Mess

Max, you are committing fraud because your last name is not 22258.

That said, I believe your version here, the Wikipedia is full of errors and needs editing badly. For example it says in Ontario common law kicks in after one year; it is three.

Mess is right it is 3 years under Ontario law and 1 under the federal. And having just gone thru this ordeal that I do not wish on anyone, We were considered common law.