common law 18 years but no divorce from 1st wife

[DarC]

In my case my cl was married and had 2 kids, 1 passed away, and we paid out the child support. we have been together for 18 years now and he wants a divorce . There was a separation agreement dated 1989, however nothing since then except for the pay out of child support. She says they are stillmarried and we think she wants something else. What could it be?
the division of assets was he left it all to her...just walked out. (or kicked out). What are my rights as cl..we have wills stating that i am the beneficiary as cl spouse of .. we have declare with rev canada the same cl status for 15 years. Can she get anything we have built up since then?
He works out of town all the time and no lawyer is open on weekends.
any advice?

[standing on the sidelines]

they are still legally married, but separated. As long as his will states what you will get you are safe there.

I am thinking that she cannot get anything that you guys built up after the separation agreement was signed. She is probably just trying to scare you and is trying to make sure he cannot legally marry you.

He should just file for the divorce and let her contest it if she wants. After 18 plus years of being separated i am thinking a judge would ask her why she did not do something sooner if she wanted more.