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How long were we together?

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  • How long were we together?

    this is for common law spousal support in B.C
    we were together from 1990-may 2000...she left with some guy{affair} from June to Sept 2000...we reconciled in Sept 2000 and separated June 2012 year later she says she needs support and claiming 22 yrs...I'm saying hold on you left with a guy in 2000 for three months so it should be 12 yrs.......makes huge difference in support I may have to I have the 2 kids her by her self and the new bf of course.
    2nd question if anybody from B.C knows...B.C common-law change in Mar 18th 2013 you know have 2 years to go for spousal support...prior Mar 18th 2013 it was one year...I'm I under old or new law because if it was old law..time limit is exceeded...... thanks

  • #2
    I don't know how it works in BC, but based on the experience of a friend in Alberta (his wife left for a few months, they reconciled) - the three months in 2000 when she left you don't reduce your obligation for SS, if any obligation exists. My friend was told it has to be six months or more to "stop the clock". The SS is based on the total length of the relationship, not the length of the longest interval in the relationship. (Of course, it could be different in BC, could be different if you were common-law rather than married).

    Remember, she needs to prove her entitlement to spousal support, it's not automatically awarded.


    • #3
      Thanks for your reply. We are/were common law and this process scares the heck out of me.....I've done the calculator and it says based off the 22 years number that I could be squeezed for 1100.00 per month...I make 19.66 per hr so say 41000.00 she makes 14000.00 average and I have the 2 boys to support....warning... vent if this does go through my sons and I are on poverty and her and her new bf...well lets just say better off...this calculator also says I would get 79.00 child sons are 18 and 22...I know the 22 year old doesn't count but the economy in B.C is not great and he's just now working for first time in 2 years.....


      • #4
        Less than 90 days isn't considered

        I was of the opinion if you separated for less than 90 days, then it doesn't count as a separation.

        My ex and I separated in 2009/2010 for about two months. We reconciled for five months then separated for good and subsquently divorced...those two months we were separated had no bearing on spousal support or on division of assets.

        Hope this makes sense.


        • #5
          You separated for the final time in 2012? So in 2011, did you celebrate your 21st anniversary, or your 11th? There's your answer.

          The length of the relationship wouldn't change the amount of SS, but does have a big impact on the duration of SS.

          And no matter what your income and your children and the relationship length, does she NEED or is she ENTITLED to support from you? Does she have a career? Does she have an education? Did she make agreed upon career sacrifices during the relationship to support your own education and career? Did she take agreed upon time off work to care for your children? Did the circumstances of the relationship damage her earning potential? Those need to be established before she gets anything in the way of spousal support.


          • #6
            Another thing that I think might make a difference. Why is she just coming to you now for SS? Why has she not needed it until now? I think she might have to answer that question.


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