for how long common-law partner can ask for spousal support?

[rszalai]

For how long common-law partner can ask for spousal support?
1. In Ontario
2. Which province's law applies if one moves to another province?

I read 2 years, but somebody mentioned that this 2 years limit was abolished?

Thanks!

[billiechic]

Sorry.. total misread the part about being CL! DUH!

[Mess]

A partner is considered a spouse for support purposes in Ontario after 3 years of co-habitation, or after a shorter amount of time if the couple are in "a relationship of some permanence" and raising a child together.

The question of "a relationship of some permanence" is open to argument, you can make your points, the ex with make theirs, and the judge will do what judges do.

Spousal support is generally .5 - 1 year for each year of the relationship. A "short" relationship is considered less than 3 years (usually talking about marriage there) and a lessor amount of support would be seen as just. However each party can make their arguments. If one party quit a good job and moved across the country to start the relationship, then this would be a strong argument. If the other party's job and lifestyle were completely unchanged before, during and after the relationship, this is an argument for little or no support.

The province law that would apply is the law where the suit is filed.

[rszalai]

Sorry, I think the the question is not precise enough.

So it seems my ex spouse is not asking for spousal support now. (I make ~3x of her salary) Can she go back to court in a number of years to ask for spousal support and what is the probability she would get it if the salary proportion remains the same? We lived in Ontario in common-law partnership for 7 years, and she is the custodial parent of our daughter.

Thanks!

[Mess]

She can try to go to court later. This doesn't mean she wins.

Each year that she manages to live her life just fine without support will show that she doesn't need it. However we don't know, if she went today, could she have shown an entitlement? If so, the reasons for the entitlement would mostly still be valid next year, etc.

Meanwhile, each year your argument that she doesn't need it gets stronger. So imagine one line going up, and another line going down, at what point in time would they intersect? I can't see that point from here, but given all the facts a judge would see. I hope I am being clear.

If your salaries both stay roughly proportionate this helps somewhat. If you suddenly earn a lot more, then this weakens your position.

[Max22258]

I only have one year and a half, that is usually 2 years. If she is able to work then that is a reasonnable time to get back on her feet. My Ex lied about this as she told the judge that she was going to take a course in january and the colleges offered that type of course in september last year only. So she got the judge to believe it would take a year for the course and she is not even taking anything, riding the tide until it crash. Then she will cry to the judge that she is unemployed and does not have any money then the judges will reconsider. See that is how it works. SO I expect that the judge may extend this.