Spousal Support Mess

[PandaMuse]

A very dear friend of mine is going through a spousal support nightmare: The couple were together for 11 years. The last 4 years they were sleeping in separate rooms. The male paid for everything including clothing, food, shelter, schooling and a vehicle for the female during this time. The house that was purchased during the relationship was solely in his name and she made no payments to the mortgage nor toward any renovation made to the home. She left the home and several months later she started legal action looking for half of all assets, irreversible life insurance beneficiary and a substantial amount for spousal support to be paid for the next 10 years. After nearly a year of lawyers she is willing to settle out of court but due to her nature I am afraid she is going to take the money and still pursue the lawsuit. Is there any legal document that can be used to ensure that he will be protected from further legal action?????????

[billm]

A separation agreement that states everything (equalization, support, etc), that is properly witnessed, with each party having documented independent legal council, is a binding document that would protect your friend.

You can never stop anyone from taking legal action, but a proper separation agreement can stop them from succeeding in legal action to change the agreement, and may of course be enough to stop them from wanting to try.

The agreement should be done BEFORE any payments or transfer of assets though!

Half of all marital assets and debts is normal and she is entitled to them, including half the house. SS in usually warranted for a marriage of 11 years, but depends completely on the situation - though from what you said it does seem that it would be ordered if it went to trial.

Him earning all the income, having his name only on the house, and paying all the bills is not relevent with respect to equilization (dividing the assets and debts).

[PandaMuse]

Thank you Bill M for your reply. Do you know where I could find a template or sample Separation Agreement? I should also mention that this was a common law relationship on case this has any bearing on the subject. thanks again

[AtALoss]

Try this site. There are other legal papers on it but this may serve to start. I sure most will tell you though have it looked over by both lawyers this will make it more binding if it goes to court.

Separation Agreement (USA) Form - LawDepot

[billm]

...I should also mention that this was a common law relationship on case this has any bearing on the subject..

Yes that matters quite a bit! The house may not be half hers, etc. I am not well versed in common law so hopefully someone else can answer....

[FL_Needs_To_Change]

Family Law Toronto :: Common Law:: www.familylawtoronto.com

This should answer a few CL questions

[Manitoban]

Common-Law Partners' Property Act

Under the Common-Law Partners' Property Act, once you have lived together for 3 years in a conjugal relationship, the rules for the division of property for married couples will apply. Basically, this means that all property acquired during the time a couple lived together is shared equally... If your case is in Manitoba, All seets and parts of debts(not all) shared equally, 50/50.