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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 08-29-2008, 01:01 AM
kassie22 kassie22 is offline
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Default SS and CL time limits?

Again, quick intro, I'm new, and very interested in these forums as they are not the one sided "where is my money" threads that I've found elsewhere. I'm on many sides of the coin, lol, and very interested even just for curiosity's sake, even if it doesn't benefit me.

Anyway, basic question is: Is there a time limit on applying for spousal support in a common law relationship that included children?

My husband does not have a formal agreement with his ex for a couple of reasons, and when I asked him when I met him it was because he had met with 2 lawyers who advised him that he would be ordered to pay a hefty sum of spousal support. At my insistence he met with another well-regarded family lawyer in Toronto who advised him to "let sleeping dogs lie" (in writing) That given their scenario- pregnant right away, moved in together, stayed home from the outset and 5 years afterward- no job to go back to, moved to a different province because of his job, etc... that she had made many sacrifices and would be entitled.

We both understand that, but she has no idea that spousal support even exists and has made a very comfortable life for herself. She lives on, by conservative estimates, 3x what we do. My husband pays table cs and shares more than extra expenses for the kids, and sees them 4x week.

It has been 5 years since they split up. She does not work, lives off of cs, ctb, an inheritance, room and boarders, and her boyfriend contributes (although doesn't live with her) Basically we've been living with the notion that at some point we're going to be paying spousal support, it's a matter of when, not if.

I'm intrigued by recent posts that SS may be harder to obtain after a significant amount of time (how long would that be, though?) and if it was a CL relationship. Logically I would think it would be hard to prove that she "needs" the money now, but money is money, so...

And in effort to show that I'm not simply trying to avoid paying SS, I could easily receive SS from my ex-husband for the time that I paid his way through med school, stayed home for years, and then watched him become a lawyer, LOL. I was just never interested, and just don't like the idea (in most cases...)
Thanks!
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Old 08-29-2008, 02:11 AM
logicalvelocity logicalvelocity is offline
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Default

Quote:
Originally Posted by kassie22 View Post
Again, quick intro, I'm new, and very interested in these forums as they are not the one sided "where is my money" threads that I've found elsewhere. I'm on many sides of the coin, lol, and very interested even just for curiosity's sake, even if it doesn't benefit me.

Anyway, basic question is: Is there a time limit on applying for spousal support in a common law relationship that included children?

My husband does not have a formal agreement with his ex for a couple of reasons, and when I asked him when I met him it was because he had met with 2 lawyers who advised him that he would be ordered to pay a hefty sum of spousal support. At my insistence he met with another well-regarded family lawyer in Toronto who advised him to "let sleeping dogs lie" (in writing) That given their scenario- pregnant right away, moved in together, stayed home from the outset and 5 years afterward- no job to go back to, moved to a different province because of his job, etc... that she had made many sacrifices and would be entitled.

We both understand that, but she has no idea that spousal support even exists and has made a very comfortable life for herself. She lives on, by conservative estimates, 3x what we do. My husband pays table cs and shares more than extra expenses for the kids, and sees them 4x week.

It has been 5 years since they split up. She does not work, lives off of cs, ctb, an inheritance, room and boarders, and her boyfriend contributes (although doesn't live with her) Basically we've been living with the notion that at some point we're going to be paying spousal support, it's a matter of when, not if.

I'm intrigued by recent posts that SS may be harder to obtain after a significant amount of time (how long would that be, though?) and if it was a CL relationship. Logically I would think it would be hard to prove that she "needs" the money now, but money is money, so...

And in effort to show that I'm not simply trying to avoid paying SS, I could easily receive SS from my ex-husband for the time that I paid his way through med school, stayed home for years, and then watched him become a lawyer, LOL. I was just never interested, and just don't like the idea (in most cases...)
Thanks!

I believe as long as you brought your claim forward with the courts by way of an application or answer within two years, your claim would have merit. However, the longer you wait to pursue the claim once it has been made, your stance weakens.

My view considers the needs and means equation!. If you wait, it suggests that need is not there!
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