There are many couples who want to stay in a live-in relationship without getting married. In Canada, these are called common law relationships. Very few people are aware of the financial consequences of breaking up a common-law relationship.
It raises the question, how does common law spousal support work in Canada? You can learn everything regarding this topic in this article.
What is a Common Law Relationship?
A Common Law Relationship also called a Domestic Partnership, is when two people live together for a sustained period. During this time period, they are considered a couple for all intents and purposes. But they are not a legally married couple. The time they stay together or the sustained period can change depending on the state and jurisdiction in Canada.
Legally, a common law relationship is the same as a de facto connection. It means that facts must be used to prove it in every case. The two people must be together for at least a year before they can be called common-law partners.
What is Spousal Support?
Spousal support, also called alimony in some terms, is a financial assistance paid by one spouse to another after separation or divorce. Spousal support helps the weaker spouse to live a standard life compared to the life they enjoyed during marriage. This is paid under an agreement or an order. For a defined period of time, it helps the financially dependent spouse to meet their financial needs.
How to Determine The Spousal Support Amount?
The amount of spousal support depends on some key factors. There are five major factors to consider while determining the spousal support amount. Here are the details
- Income Inequality: The amount of spousal support depends on the difference in the partner’s income. The wider the gap, the more possibility of alimony and the higher amount will be awarded.
- Contributions to the Relationship: The court will consider one partner’s contribution to the relationship. It includes raising children or sacrificing career opportunities to support the other partner’s career.
- Length of the Relationship: Normally, longer relationships cause greater spousal support obligations.
- Standard of Living During the Marriage: The court considers the couple’s living standard during the marriage period to determine a fair amount of spousal support.
- Childcare and Custody: If any children are involved, the custodial spouse’s needs will get more priority. The childcare cost is likely to be added to the spousal support amount.
What is the Required Amount for Common Law Spousal Support?
There is a standard process to determine the spousal support amount for married couples. But unlike married couples, there is no standard and established process for the common law spouses. This process can be complicated. The court focuses on some key factors like the duration of the relationship, income, and so on. The major factors are given below.
- Length of the Relationship: Similar to the married spousal support process, longer common-law relationships will entitle you to greater spousal support.
- Spouse’s Incomes: The difference in income of the spouses will play a vital role in the support amount.
- Necessity of Support: The spouse asking for spousal support must show how much they need the financial help to live a decent life.
- Ability to Pay the Spousal Support: The spouse paying the support must have the financial ability to make the payment without undue hardship.
What are the Differences in Jurisdiction for Spousal Support?
The laws and processes of common law spousal support are not as established or standard as married spousal support. The spousal support for common law relationships can change depending on the jurisdiction. The process can be complicated at times. Some regions have specific criteria. On the other hand, other regions have more flexible requirements.
For the best outcome, you should consult with an experienced family lawyer. They will help you understand the laws of common law spousal support in your particular region. The court also examines some common factors and situations to determine the spousal support.
What are the Court Procedures and Legal Remedies?
The court follows some legal processes for the inquiry of spousal support. Here is a step-by-step guideline of the court procedures.
Step-1: Start a Spousal Support Claim
Just like it sounds, you have to apply for spousal support to claim it. For that, you must file a formal court claim regarding spousal support. We highly recommend legal representation in this for a strong application.
Step-2: Decision of the Court
The process starts at the court after you apply for a spousal support claim. The court will consider all the evidence and arguments and rule on the spousal support amount. If there is a duration, it will be mentioned.
Step-3: Option for Mediation and Settlement
The couple can attempt mediation or negotiate a settlement agreement outside the court. This process is highly recommended. The court battle will be lengthy and more expensive compared to this method.
Step-4: Support Orders and Agreements
Support agreement issued by the court or the settlement agreement will mention the amount and the duration (if any) of spousal support payments. There will be detailed legal paperwork mentioning all the factors that need to be cleared.
Step-5: Enforcement and Changes
The court will enforce support orders if the obligated spouse doesn’t make the payments. If any changes are needed in the support order it can be done under certain circumstances. That will require further court involvement.
Conclusion
The court process can take weeks and even months, and it is a lengthy process. The process will also cost a decent amount of money for both sides. Therefore, the option of negotiation between both parties outside the court is recommended is possible.
If both parties come to a mutual understanding and agreement, it will reduce hassle and save time. The court process is only recommended when all attempts of negotiation fail.
FAQs
Can I bring my common-law partner to Canada from abroad?
Canadian citizens or permanent residents can sponsor their spouse or common-law partner for immigration to Canada. If the process is successful, the sponsored spouse/common-law partner will get the status of permanent resident in Canada. It will allow the couple to build their lives in the country as Canadian citizens.
Who is eligible for spousal support in Canada?
The eligibility for spousal support of common-law partners can depend on how long the couple lived together. However, the required time frame varies from province to province, depending on their territorial rules. In some provinces, the couple must stay at least 3 years together to be able to apply for spousal support. In others, the required time is two or even one year.
