Spousal support in common law seperation

[today]

I understand there is a two year limit to when an ex spouse in a common law relationship (14 years & 2 children) may make a claim for spousal support. Here is where I am not clear.

Lets assume during first year of seperation until an equalization and final order was issued one paid spousal for approx. 8 months. When does the two year limit kick in. When spousal finished and final order issued or date of seperation regardless that spousal was paid for a short period.

A suppose the question is does the two year limit get extended due to spouseal having been paid for a short period or is it irelevant, date of seperation end of story.

 

[Jenny]

I always thought a claim just had to be brought forward in that 2 years which was in the case you mentioned...

 

[today]

I was trying to make it short and perhaps was not too clear. The claim for spousal was dismissed at time of final order, but spousal was paid for approx. 8-10 months up until final order. Would the two year limit start at time of final order of time of serperation.

 

[Grace]

today, if you have a final order, stating no spousal support then it would be an uphill battle for her to have that order changed. I'm not very familiar with common law, but I would think the claim would be 2 years from date of separation.

 

[today]

Thanks, appreciate the replies.

 

[logicalvelocity]

today,

You would have to appeal the final order of the court dismissing the claim.

An appeal has to be made in the Superior Court of Justice for orders made in the Ontario Court Of Justice.

An appeal has to be made to the Court of Appeal of Ontario for orders made in the Superior Court Of Justice.

I agree with Grace that you would have an uphill struggle with this appeal. The court must of given reasons for the dismissal of the claim. ie: insufficient income to cover claim after paramount consideration to child support etc

LV

 

[Jeff]

I agree with what everyone else said, but the two-year limitation period has been abolished. For more details, see:
http://www.ottawadivorce.com/forum/common-law-issues/371-limitation-act-no-time-limit-out-curiosity.html

The limitation would have been two years from the date of separation. All that would have needed to be done is bring the claim before the two year period - which it sounds like was done.