spousal support for commonlaw relationship ending

[lady2464]

Hi,
Just been told that my commonlaw partner of almost 15 years is leaving. Bare with me cause my head has been spinning since last week from this sad news. We lived at my first home for 14 years. I purchased this home and paid it off 1 year before meeting him. He never paid any rent only the utilities for 14 years. 1 year ago I sold my home and We decided to get a house together. I put down a good deposit and he would pay all the bills plus the house payment while I get back on my feet. I have been off work due to a work related injury. Long story short, Can I get spousal support from him? The deposit for the house was a mutual agreement, thank God for my lawyer, that I would get back all the money that I put down for a deposit in case we did seperate.

Another important question, Can I continue on his medical benefits? With all the injuries I receive I need medication that total over $500.00 a month. I hope I'm in the right place for some answers or for someone to give me some advise on my situation. Any help will be deeply appreciated. Just feel so lost and afraid!!!! If I knew my rights I wouldn't feel so scared.
Thanks in advance for any help!!!!

[Mess]

There isn't an absolute answer to your spousal support question. You can seek spousal support after a 3 year (or more) common law marriage. You do have a strong case for it. How much and how long is unknown, especially without knowing anything about your incomes or the severity of your injury or if you are receiving any other compensation (WSIB?).

For the benefits question, it depends more on the rules for his benefits package at work, there isn't a law about this. You can ask that he keep you on, and ask for it to be included in the separation agreement. But if the workplace rule disallow an ex to be on the benefits, then he has no choice about it. Also, if he keeps you on but then remarries later, his new spouse would have to replace you. The rules are usually strict about that, only one spouse.

Normally if you were married, then you stay married until the divorce is final which is usually at least a year. There is no problem staying on benefits until the divorce is final. But for common law there really isn't a rule.

[lady2464]

Thank You for this information. This really helps to know what my rights are. Nothing is for sure but this cetainly makes me feel stronger to move forward with my new life. Living with an alcoholic has not been easy. Woke up this morning feeling happy to start a new chapter in my life. Reading your post has given some answers. My next step is to see a lawyer and have this taken care of.

If I get confused as to what is going with lawyer(s) I will be back.

Sincerely,
Louise A