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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 01-13-2009, 10:24 AM
kelly001 kelly001 is offline
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Default Does amount of time affect spousal support

Another question i have is, my brother and his ex common law after living together for 8 years separated. After telling her for months that he was unhappy and wanted to separate, he sent her a letter while they were still living in the house together that it was over. That was September of 2007. They sold the house in Oct of 2008 and have been living apart ever since. They cannot agree on spousal support, she has not provided accurate inforamtion etc.,. My question is the longer it goes that they dont agree, does it hurt her case for needing spousal support. The separation occurred in September of 2007, it is now 2009 of January and she still is not getting support, does that hurt her apparent need of it?

They had no kids together, were together 8 years, she worked and he worked and she did not have to give up anything for him. She is in good health.
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Old 01-13-2009, 11:12 AM
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The longer it takes the better for him.
The time without SS sets a president for ability to be self supportive.
Which is a portion of the equation for SS, to allow one party of the union to "get back on their feet" so to say.

If she has supported herself prior to the relationship, and hopefully during, then the longer she takes to settle, further demonstrates her ability to support herself void the SS.

An 8 year union is not that long when you look at the whole picture.
His best bet is to educate himself on the laws for CL unions.

This is as good a plce to start.
Family Law Toronto :: Common Law:: www.familylawtoronto.com
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