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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 01-01-2013, 05:18 PM
Necromancer Necromancer is offline
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Default Spousal support entitlement

Stupid/crazy question I probably already know but how does one find out if the ex common law is entitled to SS??

I guess it's just a given based off the differences in our salaries??
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Old 01-01-2013, 06:34 PM
mom2three mom2three is offline
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Not a crazy or stupid question at all! Anyone can make a claim for spousal support; that does not mean everyone is entitled to spousal support. There is NO specific thing that makes a person entitled and entitlement is based on many factors; therefore, it is a grey area.

You seem to be craving some magical answer, but there is no magical answer. In common-law (as you were), every spouse has an obligation to support himself/herself AND the other spouse, if needed, to the extent that the payor is capable of doing so. Factors considered are: length of cohabitation, roles of the spouses at time of cohabitation, any economic advantage/disadvantage arising from the relationship, claimants ability to become self-sufficient. There may be more which are not coming to me at this time.

Given what you have explained in your previous posts, whether your ex would be entitled to spousal support to be argued both ways (for and against a claim). It is interesting that all of a sudden she has become ill and I would prepare myself (if I were you) for her argument that she will not longer be able to become self-sufficient and she will make a non-compensatory claim.

I wish you the best. Unfortunately there is no definite answer.
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Old 01-01-2013, 07:09 PM
Ctopher777 Ctopher777 is offline
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Just out of curiousity while on the topic, so if my ex left me for another guy, instantly moved into his apartment the day of when she moved out and is now engaged to him, can she turn around at any moment and ask for support??
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Old 01-01-2013, 08:28 PM
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Rioe Rioe is offline
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Anyone can ask for spousal support. They are hoping that their ex will be a doormat and pay it instead of fighting. And in some cases, this is cheaper than going to court to fight it.

However, I would personally assume that the default standard is that no spousal support is due to anyone upon relationship breakup, and the onus is on the ex to prove otherwise. The most valid proof would be that the ex's income/career suffered due to the relationship. This happens most often in cases where the marriage was long term and one spouse quit their job to be at home (not as common as it once was), or one spouse made career sacrifices to support the other's career (most often a relocation).

And if the ex has bounced right into another spousal relationship, that would be a good argument that they do not need spousal support from you, I would think, even if their career did suffer.
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