Announcement

Collapse
No announcement yet.

Determining support

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Determining support

    Hi

    I am legally married but don’t physically live with my spouse or our son. For some visa related issues I can’t go for legal separation yet. I live with my girlfriend for over 6 to 7 months now. My questions are,

    • Although I am still legally married will my girlfriend and I be considered as common law partner or something legally?

    • If the answer for the above question is ‘yes’, or otherwise, while going for divorce can my current wife claim my girlfriend’s money or property by any means? Will my girlfriend be responsible for my spouse or our kid?

    • If the above answer is yes, is there any legal agreement my girlfriend and I can get into to prevent that.


    Appreciate your time.

  • #2
    BTW.... I am in Toronto and not in Ottawa.. if that matters.

    Comment


    • #3
      Hi Sud,

      Welcome to the forums.

      You can still reach common law status with a partner even if you are married. However, please note that you only reach the status of common law after three years of continuous cohabitation, or if you and your partner have a child together. So, if you and your partner presently have a child, you are considered common law despite your cohabitation of only 6 or 7 months.

      If and when you and your partner are common law, your wife will has no interest in any of your new partner's income or property. The only time your partner may come into play is if your wife asks for her income information to determine your household standard of living for spousal support purposes. If your wife is successful in obtaining access to your partner's income information, your partner would be required to provide the wife (and/or the court) with proof of income and possibly her three most recent income tax returns.

      Lindsay

      Comment


      • #4
        Thanks Lindsay for your prompt reply. You said, ‘if your wife asks for her income information to determine your household standard of living for spousal support purposes’. – Hoe would my partner’s income influence my spousal support?

        My partner and I don’t have any child together, and so we are not common law partners yet, in this case can my ‘wife’ still ask for my partner’s income information? Or she can only ask for that after 3 years (if we are not still divorced). Are we obliged to give her that information?

        Thanks
        Sud

        Comment


        • #5
          Hi Sud,

          Your partner's income could indeed effect any spousal support payments. Spousal support is determined by the recipient's need for support and the payor's means. If you are living in a two-income household rather than a one-income household, this will of course increase your means for support.

          That's a great question re your wife getting income info before reaching common law status. I suppose regardless of whether you have been living with your partner for 3 years, you still live in a two-income household. I will look into that, or perhaps another member can answer that question for you.

          Please note however that divorce does not prevent your wife from requesting spousal support from you. There is no time limit for this. As such, you could be divorced from your wife for 5 years before she makes a claim for support. Keep in mind, however, that the longer your wife waits to claim support, the less chance a court will award same. The reason for this is that the court may find that she has had enough time to become self sufficient from the date of separation until the date on which she makes the claim for support.

          Lindsay

          Comment

          Our Divorce Forums
          Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
          Working...
          X