common law, spousal support, enrichment

[TLR]

Hello and thank you for the service you offer.

I would like your opinion on how to proceed with a common law separation and what assets you believe should be split, shared and/or spousal support may be expected. (I understand this is a generic question and have no expectations other than your opinion.)


- living together 3.5 yrs
- back and forth between two provinces prior to cohabitation (mtl-tor, mostly my previous home)
- i sold all my belongings to move in, including home and car
- we live in house belonging to partner
- i paid for all utilities, food, etc for first 2 yrs
- i no longer work due to arrangement with partner whereby i care for home and lifestyle while he provides financially; i had professional employment prior to arrangement; no written agreement other than casual correspondence
- partner is in top 3% income bracket (explains need for my full-time support at home)
- partner has invested large amounts in the time we've lived together
- am in his will as sole benefiary and executor
- are engaged with detailed long term plans
- i've been sole partner caring for home, garden, renovations, upkeep of home, etc.
- i have no money or assets in my name, all finances have been joint
- i have developped health issues that would have hindered my ability to work full-time (but this is improving)
- have not been working at all outside the home for 1.5 yrs as per our verbal agreement.

Any input or recommendation you may have is appreciated.

Thank you,
TLR

[TLR]

addition

excuse me....

+ no children.

ty.

[workingthruit]

I would say, your odds of getting spousal for more than a very limited amount of time are poor.

Basically, you choose not to work - which can be remedied easily enough. In only 1.5 years, you really haven't lost much in the way of career progression - and since there are no children, you have a tough case to make for staying home once the relationship ends.

Another way to look at it is this: you have benefited from his income as much as he has while you were at home this last 1.5 years -

I want to ask you an honest question - why do you think he should have to support you if your relationship is over?

I am in a very similar situation, I sold my house, and got rid of many belongings to move in with a man who makes 10x what I make - but I can't imagine justifying asking him to support me long term. What I can, and would ask for, is a lump sum from him - to allow me to re-establish the life I had prior to our relationship. That seems fair and reasonable, asking him for long-term monthly payments would make me feel like I was using him, of course, that's just my opinion.

The world would be a so much nicer place if people were nice to each other, and everyone treated people the way they would like to be treated themselves.

If you are certain he owes you monthly payments - here is a link to the proposed guidelines:

http://www.westlawecarswell.com/familysource/spousal/

[TLR]

Thank you for your response "working",
I consider financial assistance to reestablish my position to be spousal support. I said nothing of long term assistance. I do however prefer to know what my rights are so as to know what i am either fighting for or walking away from.

The decision for me to not work was strategic and one we agreed upon. My salary would not compete with how much his could increase with my full time help.

In the three years I cared for every aspect of our collective life, investments rose by 300K and his salary was a total of 1 mil. The house value due to my renovations has increased by about 150K, this according to market and assessment.

At that level, a person cannot keep up with the pace without considerable help, be it domestic or administrative. I provided both.

Through my own mistake and poor judgement, our finances are pooled and I have no bank account... therefore no immediate means to start over. I hardly consider this balanced.

TLR

[workingthruit]

sorry to offend!

I can tell from your tone that you are offended, and I am sorry. Spousal support is a huge stumbling block for me.

I understand what you are saying about the rest, as far as assets, bank accounts, etc.
Unfortunately, you have little recourse as a common-law spouse, unless you had a co-habitation agreement in place - which it doesn't sound like you did.

Is he open to negotiating a split of the assets in a manner that would be fair to both of you?

Maybe if you make a fair offer, that would at least give you someplace to work from.

In our situation, his ex refused to be reasonable about splitting the assets, which meant that she ended up with none of them - we made reasonable offers, she refused. We went before a judge who refused to even consider the issue of splitting the assets, she had no case at all for unjust enrichment - it was a short relationship - much like yours ... and the judge literally said "There is no basis for this claim, I will not discuss it" And then we (my partner) were awarded costs, because her offers we so unreasonable. *Think maximum spousal support, indefinately ... the judge was not impressed.

In the long run, a lump sum is better for you, I would think - you don't have to pay taxes on it, you have a big amount to restart your life with - and you cut ties with him, enabling you to really move on.

Espeially since under the guidelines, you would be looking at 3 years support maximum, and it sounds like he can afford a laywer to fight you long and hard ... your legal fees might end up eating lots of that too.

[TLR]

thank you.

excuse me if i sounded defensive... i am very distraught.

i too frown upon the types who hope to make a buck off a separation... but in my effort to ensure i would never be perceived as such, i've set myself up.

I was only hoping for a simple consideration at the end of something that was once lovely. A couple months' rent, a small amount for a bed, necessities, phone, etc. Just till i get work. Declined. In fact i was told to expect zero.

I'll leave it at that for now. Thank you for the correspondence.

tlr.

[logicalvelocity]

TLR,

I believe you may be entitled to spousal support either periodic (time limited)and or a lump sum amount.

Once you have established the three years continuious cohabitation, the main criteria is means of one party and need for the other.

My arguement would be on the grounds that you gave up your home, furnishings, car etc; perhaps on a promise that the individual would look after you?

lv