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2 year limitation for common law spousal support

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  • 2 year limitation for common law spousal support

    Is there still a two year limitation for applying for spousal support from date of separation from a common law relationship in ontario or has this limitation been removed? I think the limitation still applies to common law l but had been removed in the case of marriage.

  • #2
    daver32:

    Check this out:

    Canadian-Lawyers.ca - Understand Your Legal Issue - Family Law - Spousal Support in Canada

    Check with a lawyer (see below) to be sure but it looks like an application for common law spousal support has no time limit on it because it comes under the Divorce Act.
    That assumes you lived together for three years to qualify as a common law relationship..and did not have a child during the time you lived together even if it is less than three years.
    It looks like a court has to abide by specific guidelines in order to grant support in a common law relationship. So its hard to predict how they would deal with an application that was not submitted soon after the break-up...if that's what the situation is.
    This online booklet does not give you the direct answer you want but it may help if you live in Ontario and have not already seen it:

    http://www.attorneygeneral.jus.gov.o...y/familyla.pdf

    At the end of the booklet there is a phone number for the Law Society's Lawyer Referral Service. They hook you up with a local lawyer who will give a free half hour consultation on the phone or in person for 6 bucks. I used it and it was a great help in finding out where I stood financially.

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