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Grounds for Common-Law Spousal-Support

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  • Grounds for Common-Law Spousal-Support

    I have followed and read many of the posts in this forum for some time, and have found that the issues discussed here are very informative. I know that the advice and suggestions given out here are probably gained from hard personal experiences, so I thank you in advance for any expertise that you may have regarding some questions on Common-law break-up…

    I’m from Quebec just across the provincial border line (I know little about French so that’s why I have found this site), and I know that the Ontario Family Law is quite different from that of Quebec. But I can see that the Quebec Civil Code may change pending on the outcome of that very publicized case (involving a billionaire and the lady from Brazil) if you know what I mean. So anyway, my question basically is: What are the grounds for granting common-law Spousal-Support (SS)?

    I know the Law allows for common-law to claim Spousal-Support after the relationship finishes, and it depends on a wide range of factors such as the length of the relationship, the role each one has played, income levels etc. But does this mean that a common-law partner will be ‘necessarily’ granted SS if the relationship is over 3 years and there is a minor child involved, and there is an income difference?

    Say in my case, we have lived common-law for about 7~8 years, and have a small child. I earn about 70K and my partner takes home 33K. Our jobs have been relatively stable before and after we had lived together, at least none of us had earned less. Setting aside Child-Support or custody issues, would the Law/Court necessarily grant her Spousal support if she asked for it (just because she has a smaller pay cheque)? And if she does get it, how long will it last ie. how long will I have to support her. I know in the States, in some jurisdictions a marriage has to last at least ten years to lead to SS, and it may be granted for half of the length of the marriage. What do you think if this happens in Ottawa or Toronto? What’s my chance, 50/50, or 30/70%?

    Again, appreciate your advice and opinion on this. Many thanks.
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