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Spousal support in common-law break-ups

Region: Ontario Answer # 0145

In Ontario, common-law spouses have the same rights to spousal support as married couples:

  • as long as they have been living together for at least three years, or
  • if they have a child together and have been living together in a relationship of some permanence.

The Court will look at whether one spouse needs to be financially supported and whether the other spouse has the ability to pay. If both spouses are employed and earning a similar amount of income, the Court will generally not order one spouse to support the other.

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Getting the legal advice and help you need

Spousal support is assessed on a case-by-case basis. Making decisions about spousal support can be very difficult and quite complex. A lawyer can help you understand your legal rights and obligations, and help you to create the best possible arrangement. It is advisable to get the legal help that’s right for you. If you are considering representing yourself in a family law matter, you may wish to get help from The Family Law Coach. Their experienced family law lawyers can provide information, legal assistance, advice and practical tips to help you prepare your case and improve your outcome. They provide specific services for fixed prices, and you only pay for the services you want. If you are considering hiring a lawyer to represent you, for legal advice and assistance regarding spousal support and common-law relationships, and other family law matters, contact a family law lawyer.

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