Common Law Break up

[KAel]

my gf and i are breaking up, we've lived together for 5 years. It is not a easy seperation and she has said that she will be suing me for $3000 and 25% of my wages. Is this possible? She has contributed very little in terms of income where as I have paid for close to everything, even helped her out with her debt. Does she have any ground?

[Lindsay]

Hi KAel,

Your girlfriend does have a right to spousal support, so long as your means and her need for same is established. How much she would receive depends on how much she makes and how much you make, among other issues. Spousal support varies from case to case and there is no easy calculation.

I am assuming that she is threatening to sue you for $3,000.00 for her contributions to the home, your assets, etc. She does not have an automatic right to any of your solely held assets, including the home (if owned solely by you). She must convince a court that unjust enrichment has occurred, which is often difficult to do without solid proof to back up your claim.

I encourage you to speak with a lawyer. There are many common misconceptions when it comes to common law relationships and separations, and I think meeting with a lawyer would clear up a lot of issues for you.

In the meantime, please have a look at Jeffrey's comments on unjust enrichment on his common law separation page.

I hope this helps.

Lindsay