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Time limit for Spousal support

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  • Time limit for Spousal support

    I am trying to find out if there is a time limit on applying for spousal support. My same sex common law partner walked out over 4 years ago and said he was going to 'take me' for spousal support. Nothing has happened yet though. Do I have to remain on edge until I die, or will this ever go away?
    I've found a quote on this website that says :

    5. Time limit to apply for spousal support. If you were married, you always have the right to apply for spousal support, no matter how long has passed since you separated. If you weren't married, you need to ensure that you apply for spousal support within 2 years of separation.

    Others tell me that there is no time limit.

    Which is true?


  • #2
    I've just found this, on the same site.
    Spousal Support in Common Law Separation Canada

    ....There used to be a two-year limitation period in Ontario; however, this has been abolished and there is now no limitation. In British Columbia there is a one year limit.
    When was the law amended?


    • #3
      look at it this way, if your ex was serious they would have done it right away. The longer they wait, the worse it is for them.


      • #4
        cases I read on CANLII and supported by what people say in general is based on StatusQuo. The longer a spouse does not ask for it the more the proof that the need wasn't there as they were doing fine up until then. Why? Because if this were true then your ex would have applied from day one. The longer it goes on the harder it will be for your ex to prove that the support was needed then and now today. Think of it as the court's objecttive is to fairly divide the assets of the marriage and to fairly get the spouses to the point that they both become self sufficient - only at that time is the couple finally truely divided financially from each other.


        • #5
          Thanks for the replies everyone.
          He is currently part owner of a store. Seems to be self sufficient to me.


          • #6
            maybe that is the issue. Retail can hit some really rough times and as a part owner profits can be spread thin. It can be from anyhthing like a new competitor in town to some bad seasonal purchasing decisions.

            I guess it is never going to get easier - like on a different thred. Don't beat yourself worring. Stand up and deal with it when the time comes.... it may never arrive. Lead a good life and put the past behind you - there is nothing you can really do anyway so worry for that which can't be changed (you do not have control of the situation) so get out there and enjoy with your child, friends or family because tommorow is going to be a great day!


            • #7
              I was told by number of lawyers that the expiry date on spousal is 8 years. I am not sure if this is statute of limitations or precedents in Ontario but after 8 years even if you were married it is over.
              For common law it depends on length of cohabitation and also if you have kids.
              Again what I have learned is that under 2 years there will be no spousal.
              Good luck


              • #8
                Thanks again,

                Again what I have learned is that under 2 years there will be no spousal.
                Do you mean over 2 years since separation?


                • #9
                  No 8 years since separation. Bellow 2 years of living together.
                  Somebody with a lot more wisdom than me gave a good advice.
                  Stop worrying. Deal with it if it comes.
                  Do not let your ex torture you by what he could do.
                  There is nothing you can do about it until he makes a move.
                  Live your life. Forget the bad.
                  The clock is working for you...


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