Spousal support & other questions

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BugsRUs

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Hi,
My CL partner and I will be separating. There "could" be an issue of spousal support. I've been reading that they have to apply for it.

Questions
(1) He's been cohabitation with me for almost 9 yrs, with breaks. As the relationship was shaky, we never declared our relationship common law but as roomates, for several yrs. My question is, would they look at the 9 yrs, or at the income tax forms when we officially declared ourselves common-law (ie 4 yrs total), in terms of the length of "relationship."

(2) Spousal support -- he has to apply for this and hence the legal fees right? How much are these? Or would I be stuck with them as I have better pay?

(3) The partner has been irresponsible on spending and keeping their fair share of expenses. Would the court look at this aspect in determining any support payments.

(4) The partner owes me several $$ due to (3) above. Again, would this be taken into consideration.

(5) Separation agreement -- does this need a representative for each "side" to be valid?

Thanks for your assistance.
 
1. as far as common law goes it is based on your tax returns and the validity date of it.....from that year (claiming year) forward.......

2. neither person requires a lawyer.......even if spousal support is applied for.....if his intentions is to file for spousal support then the onus would be on him to prove such a claim......doesnt come down to he said she said.....financials are always used....he and you will both have to supply them......if there is large substantial difference in income I can this however if the difference is 10k I really cant see this going anywhere

3.& 4. his irresponsibility and lack of paying responsibilities unfortunately do not help you at all.....

5. not sure what you mean by separation agreement.....I never came to agreement for one (he had lawyer I was self represented) so after 1 year of living separately we filed for uncontested divorce.......in your case if you stay apart for one year then its legally finished I believe.....the person I am currently with had a separation agreement drawn up by a lawyer and everything but when it came down to the ex defaulting on joint loan it didnt matter....he was responsible and he was told by the bank to take her to small claims to recover the money......so not sure how much a separation agreement can be worth......personally I wouldnt bother.......


hope this helps
 
Reponse to littleman

Reponse to littleman

Hi, referring to separation agreement. He is expecting some funds if I choose to ask him to leave the premises. That is, money for first and last months rent, furniture etc. So, if I were to provide him with any sum of funds, I would not want him applying later for spousal support. So I believe I would have to have something notarized if this was the case.
 
legally comes down to whos name is on lease......is he listed as roommate or leasee....huge difference.......as far as furniture who bought it and do you have receipts or if bought on credit your name solely on credit card.......dont get me wrong if you purchased furniture on credit together even if only your name is on it but he has been helping you make payments then rightfully is joint ownership.......you dont need separation agreement you only need a piece of paper with his acknowledgement of receiving monies from you to "equalize" and get it signed by notary.....whom I may add doesnt need to be a lawyer.......your doctor or town mayor is considered notary......
 
2nd response to littleman

2nd response to littleman

Littleman, thanks for your tips.
FYI I own the house, everything is in my name. He has a few furniture items. He hasnt' contributed anything towards expenses or upkeep, because of the item I listed on my 1st email (irresponsibility). Otherwise everything else was mine, with exception of one tv unit that we split costs.

The difference in our pay is substantial, so he could apply for spousal support due to an illness also, , but if we have a "separation" document, I believe this would cover off any future claim (I'd have this as a clause).
 
Spousal Support with no kids

Spousal Support with no kids

I would like to ask a question. I have been living with my CL spouse for 7 1/2 years. He has a child from a first marriage and currently pays $600 child support to his ex wife. We never had any kids together. His income is basically double mine. We both work full time, I make about 30,000 and he makes about 57000. We shared equally in the household duties. Am i entitled to any spousal support. Also, can i get any of his pension from his job and is he entitled to any of my gic's or rrsps i accumulated during the relationship.

Thanks
beth15290
 
To Beth

To Beth

Beth
Assume you dont' have a cohabitation agreement and you want out? As far as I know your assets and his remain your own. Now if you had any joint financial dealings that could be an issue. What about the house ? I think if there was any spousal support they'd look at what he is already paying in child support, is he paying alimony also?

You might want to post a new thread since its a bit different than my questions.
 
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