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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 06-24-2008, 06:17 PM
Gillian07 Gillian07 is offline
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Default Stay at Home Mother wanting to leave current common law relationship

I have been with my common law partner for three and a half years. We have one child together who is 18 months old.
Everthing that we own is in his name including our home(s) cars, credit cards and bank accounts. When I need money I have to ask him and he will email money transfer me.
Our relationship has been falling apart for about a year now and we both want out myself more than him.
I don't have access to our banks accounts to take any money to leave he - and he states that if I leave him that he will take a much lesser paying job right away. He has a salary of about 150,000 to 200,000 per year depending on how much on he works. If he does take this much lesser paying job he would be making about 80,000 to 100,000 per year.
He does not think that I am entitled to spousal support even though I stayed at home instead of going back to work so that he could further his career. He stated that if I applied for spousal support that he was going to take me to court and that he will refuse.
I am We have 25 and he is 28. We have built a nice comfortable life one that couldn't have been possible if I hadn't stayed home to raise our son as my spouse is on the road about 200 days per year.
My questions are - Am I entitled to spousal support being that I am a stay at home mother with no income at all??? Can he really take me to court and fight spousal support??? What are my rights financially??
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Old 06-25-2008, 04:50 AM
logicalvelocity logicalvelocity is offline
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Quote:
Originally Posted by Gillian07
I have been with my common law partner for three and a half years. We have one child together who is 18 months old.
Everthing that we own is in his name including our home(s) cars, credit cards and bank accounts. When I need money I have to ask him and he will email money transfer me.
Our relationship has been falling apart for about a year now and we both want out myself more than him.
I don't have access to our banks accounts to take any money to leave he - and he states that if I leave him that he will take a much lesser paying job right away. He has a salary of about 150,000 to 200,000 per year depending on how much on he works. If he does take this much lesser paying job he would be making about 80,000 to 100,000 per year.
He does not think that I am entitled to spousal support even though I stayed at home instead of going back to work so that he could further his career. He stated that if I applied for spousal support that he was going to take me to court and that he will refuse.
I am We have 25 and he is 28. We have built a nice comfortable life one that couldn't have been possible if I hadn't stayed home to raise our son as my spouse is on the road about 200 days per year.
My questions are - Am I entitled to spousal support being that I am a stay at home mother with no income at all??? Can he really take me to court and fight spousal support??? What are my rights financially??
Gillian, Welcome to the forum...

If your in Ontario, I believe you would be entitled to Spousal Support because you were in a relationship of some permanence with this individual living common law and have a child together. Also, considering his employment duties and being on the road, I think the child would be placed in your care and a tabled child support would also be payable.

lv
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