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  • Spousal Support & Inheritance

    Hi we just split up. I am wondering if anyone can tell me if I will be entitled to any spousal support.


    Brief rundown:
    Common-law 18 years
    His income 2019-110,000

    Mine 2019- 20,000 My income is now reduced to approx 400 a month the last 6 months


    Ages 55 (me) and 52 (him)



    I have an inheritance of 200,000 in a separate bank account
    He has an inheritance of farmland which generates 23,000 yr rental income & valued at 979,000.


    Will my inheritance affect spousal support entitlement?



    Thanks

  • #2
    do you have any kids

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    • #3
      No we do not have kids

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      • #4
        why do you think that you are entitled to SS?

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        • #5
          I do not know that is why I am asking. I've never been through this before, thank you.

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          • #6
            Originally posted by leah23 View Post
            I do not know that is why I am asking. I've never been through this before, thank you.
            try this link first to answer some questions

            http://www.common-law-separation-canada.com/

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            • #7
              Thank you for the link. I do not see anything about assets and spousal support. I can't seem to find that info anywhere. If it makes a difference we are in B.C. I see that laws might be different in different provinces.

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              • #8
                Actually I found a sentence that says assets of both will be taken into consideration. I still don't know if that means that I will have to live off my inheritance until I get back on my feet or if he will have to help out.

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                • #9
                  https://familylaw.lss.bc.ca/finances...pousal-support

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                  • #10
                    Thank you for the link. There is a lot of info there but I still do not see anything about having assets and being denied spousal support. I guess I will make an appointment with a lawyer to see what they say. It just doesn't seem fair if I have to deplete my inheritance but I guess that is the way it goes. I have not been coping well for the last few years and this is the icing on the cake.

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                    • #11
                      You have to determine if you were entitled. If you both worked and you didnít give up your career for him then the answer will be no.

                      In most cases a long term marriage normally has one spouse sacrificing for the other spouses career and even then ss is not a given.

                      You have to ask yourself:

                      Did you quit your job to move or stay home with kids so he could focus on his job?

                      Did you help contribute to a business he owns or operates in a working role that you would lose as a result of the split?

                      Did you help him through school or training like working and supporting the household so he could earn more money in the future?

                      These arenít specific legal questions but a lot of it is considered. Just because he makes more money or he has rental income doesnít mean you are automatically entitled to it. Common law muddies the waters as well. If you jointly bought property then you would be entitled to your share and your share of the increase in value but you donít get a share of his assets.

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                      • #12
                        Probably best to sit with a lawyer who can ask you questions about the last 18 years of your life. If you are entitled given the incomes it could be a significant amount of money, donít cheap out on this.

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                        • #13
                          Thank you for the info and help.

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                          • #14
                            https://familyllb.com/learn/ontario-...is-determined/

                            Comment

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