Tag Archives: common law spouses

What are the spousal support rules for common-law spouses?

If you are in or have recently ended a common-law relationship in Ontario, then it is important to understand that the property division rules that apply to married couples do not apply to common-law spouses. In general, the property purchased by one common-law spouse belongs to that spouse alone, and unlike legally married couples, common-law couples do not share in the increase in value of…

Property division concerns for divorcing boomers in Ontario

You may have seen the reports in recent years: the rate of divorce among baby boomers has risen significantly and appears to be still on the rise. According to Statistics Canada, in the 30 years leading up to 2011, the percentage of separated or divorced seniors who were 65 or older rose from 4 per cent to 12 per cent. However, for many boomers, the…

Clarifying property rights with cohabitation agreements

On a number of occasions, we’ve discussed legal issues that are specific to common-law spouses in Canada. If you are in a common-law relationship, then you are not automatically given the same property rights as couples who are legally married. However, depending on the circumstances, property owned by one common-law spouse may be divided with the other if the relationship ends. Whether or not common-law…

How long must I be separated before I can divorce in Ontario?

Generally, in Ontario, for a divorce to be completed, the spouses must have been separated for at least a year. The divorce process can start before the year is up, but in most cases, the process is not completed until a year has passed. There are exceptions, however. In cases involving adultery or domestic abuse, the divorce may be granted by the court at any…

Property division concerns for Ontario common-law spouses

In Ontario, the Family Law Act provides rules for how property will be divided between legally married spouses who are going through divorce. However, the Family Law Act does not apply if you and the party from whom you’re splitting were in a common-law relationship. There is also no absolute test for proving that an individual is a common-law spouse, but there are situations in…

Can common law spouses in Ontario receive spousal support?

In Ontario, married and common law couples who are splitting up can create and sign separation agreements. These agreements can address a wide variety of issues. Today let’s discuss spousal support. When deciding whether or not spousal support should be paid, it is important that each spouse or common law partner has a lawyer. The Spousal Support Advisory Guidelines that are used in Ontario are…

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