Common-law relationships are becoming more popular in Canada. When these relationships end, there are important legal questions about spousal support. Married couples have clear legal guidelines for spousal support, but many common-law partners don’t know their rights and responsibilities.
Common-law spousal support is the money that one partner may have to give to the other after they have separated. Knowing how common law spousal support works can help people get through the difficult process of getting divorced while ensuring that both parties are treated fairly financially and remain stable.
What is Common Law Spousal Support?
Common law spousal support is financial assistance that one partner may be legally required to provide to the other after a breakup if they were in a common-law relationship. People in Canada are usually considered common-law if they have had a child together or lived together in a relationship like marriage for at least one to three years, depending on the state.
Who is Eligible for Spousal Support in Common Law Relationships?
In Canada, people in common-law relationships usually get spousal support if they meet certain requirements. For the first requirement, the couple must have lived together as a married pair for a long time (usually at least one to three years) or have a child together. When a common-law relationship ends, one partner can ask for spousal support if they can show that they will be financially dependent or have a hard time after the breakup.
Eligibility depends on a number of things, such as how long the relationship has been going, how much money each partner has, and whether one partner has given more to the household, for example, by caring for the other or giving up job chances for the relationship.
How is the Amount of Spousal Support Determined?
The amount of spousal support is not fixed for people in common-law marriages. Some of the most important things that influence the determination of spousal support
Length of the Relationship
Spousal support is more likely to be given if the couple has been together for a long time. If a common-law relationship lasts longer, the support obligation may result last longer. Relationships that last 20 years or more are usually considered long-term, and support may last forever or for a long time after separation.
Financial Need and Ability to Pay
The financial need of the recipient partner is weighed against the ability of the paying partner to contribute. The court is more likely to give support to make sure the financially dependent partner stays stable if one partner has been the main earner and the other has been financially dependent.
Standard of Living During the Relationship
Most of the time, courts will look at both people’s living standards during the relationship. Supporting partners may be told to keep up the recipient’s standard of living if they have the money to do so, as long as it is fair and affordable.
Contributions to the Relationship
Non-financial contributions, such as caring for others, keeping the house clean, or giving up job opportunities for the sake of the relationship. If one partner helped the other by doing housework or putting off their own job growth, they may have a stronger case for spousal support.
Self-Sufficiency and Earning Capacity
It’s important that the receiving partner can become financially independent. The court may expect the partner who is dependent to try their best to become self-sufficient. Some examples of this are returning to work, going to school, or learning new skills.
Impact of Children
If children are involved, especially if one parent is the primary caregiver, the court may consider this when determining support. Caregiving tasks for parents may make it harder for them to work and make money, affecting how much spousal support they get.
How to Apply for Common Law Spousal Support?
If you are in a common-law relationship and want to apply for spousal support, you must consider it carefully and know how the legal process works. This guide will help you understand the steps you need to take to apply for common law spousal support.
Step 1: Gather Necessary Documents
To apply for common law spousal support, you first need to gather all your personal and financial papers. You should make the following papers:
Proof of Relationship
You have to prove that you were in a common-law relationship. Usually, this means living together like you were married for at least one to three years or having a kid together. You can show proof of your connection with a joint lease, shared utility bills, or a shared bank account.
Financial Statements
For the amount of spousal support to be calculated, you must give a full account of how much money you make and how much you spend. This could mean:
- Recent pay stubs or tax returns
- Bank statements
- Business financial records, if applicable
- Proof of assets (such as property, investments, or savings)
- Details of any debts or liabilities
Step 2: Mediation or Negotiation
When you have all your papers together, it is often best to try settlement or talking things out with your ex-partner before going to court. Here’s how to go about mediating or negotiating:
Mediation
Working with a neutral third party who helps you and your ex-partner talk things out is what mediation is. The mediator doesn’t decide what to do, but they help ensure that both sides can talk and come to an understanding.
Create a Written Agreement
If mediation or discussion leads to a deal that works for everyone, ensure it’s written down and signed by both sides. If both sides agree to this deal, it may be legally binding. Before signing, it’s a good idea to have a lawyer review the agreement to ensure it’s fair and follows the law.
Step 3: Court Application for Spousal Support
If mediation or negotiation doesn’t work out, you may need to go to court and ask for spousal support. Here are the steps you need to take to make a court application:
File a Family Law Claim
You must file a claim with the right court to start the court process. Usually, you have to fill out an application form for family law and send it in with your supporting papers.
Serve the Documents to Your Partner
You must give the papers to your ex-partner as soon as you make the claim. In other words, you must give them a copy of the claim and any proof you plan to use in court. For the process to be legal, it must be carried out in a way that follows local rules.
Attend Court Hearings
Once the application is turned in, the court will set up meetings where both sides can make their case. Both you and your ex-partner may have to testify at the hearing. The judge will look at all the relevant reasons to decide if spousal support should be given.
Decision and Order
After the hearings, the judge will decide how much spousal support to pay, how long it should last, and any other financial responsibilities. A court order will spell out the amount and terms of spousal support if the judge orders it.
Enforcement of Common Law Spousal Support
It can be hard to enforce common law spousal support if the paying partner doesn’t want to follow the court’s order. There are several ways to get spousal support in Canada:
Interception of Income
The government can take money straight from the paying partner’s employer, like wages or income. In areas like British Columbia, this is often done through a service called the Family Maintenance Enforcement Program (FMEP). This program makes sure that regular payments are made to the recipient.
Seizing Assets
If the paying partner is behind on child support payments, the court can order the removal of property, bank accounts, or other valuable items to cover the amount still owed.
Contempt of Court
The paying person may be in contempt of court if they don’t follow a court order. This can result in fines or jail time.
Legal Action
The recipient can go to court and ask for a civil judgment or the spouse support order to be enforced.
Conclusion
Both people in a relationship need to know about common law spousal support because it helps ensure that everyone gets the same amount of money after the divorce. Knowing your rights and responsibilities can help you get through tough situations. Sometimes, getting legal help is the only way to ensure that everyone gets what they’re entitled to and that support responsibilities are met. This promotes financial fairness and security for everyone.