Does my ex husband have to support me
A persistent irritant for spouses obliged to pay spousal support is the recipient spouse who refuses to work. For the many payors who continue to work hard as they age, the thought of a former spouse receiving support for the privilege of not working makes them see red. When deciding entitlement, amount and duration of spousal support payments, the Divorce Act requires judges to consider four objectives: the advantages or disadvantages arising from the marriage or its breakdown; the apportionment between spouses of the financial consequences arising from caring for a child, over and above child support; the relief of economic hardship arising from marriage breakdown; and in so far as is practicable, the promotion of the economic self-sufficiency of each spouse within a reasonable period of time. Anxious payors should know, however, that this is not the case. The Supreme Court of Canada long ago confirmed that no one of the four objectives of the Act are paramount.SEE VIDEO BY TOPIC: Why Your Ex Is Being Stubborn: The Real Reasons!
SEE VIDEO BY TOPIC: Why Is My Ex So Mean? The Harsh Truth About Your Cruel ExContent:
- What You Should Know About Family Law in Ontario
- If your former spouse is ‘allergic’ to work, do you still have to pay support?
- Spousal maintenance – what is it? why do I have to pay it? how much and for how long?
- Fact Sheet - Spousal Support
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What You Should Know About Family Law in Ontario
This booklet contains information about the law as it was at the time it was written. The law can change. Check the Ministry of the Attorney General website at www. This booklet does not contain legal advice or replace the specialized advice of lawyers or other experts. This booklet is about family law in Ontario. It contains information about the laws that may affect you if you separate. These issues include the care andsupport of your children, support for you or your spouse and the division of your property.
Before making important decisions, you should understand your rights and obligations. Family law can be complicated and a booklet cannot possibly answer all your questions or tell you everything you need to know. There are many ways you can inform yourself about the law and your options.
Generally Ontario family law applies equally to couples who are of the same or opposite sex. If you are separated or are thinking of separating, it is a good idea to speak to a lawyer about your situation. A lawyer can give you specific information about the law and tell you how it might affect you. Your local family court can also be a good place to go for more information.
These courts offer information sessions on issues affecting separating families. Family courts have Family Law Information Centres that provide a range of information and services, including the following:. Legal Aid Ontario has developed an on-line Family Law Information Program that covers a number of the issues that affect separating families that you may find helpful.
This program is available at: www. In some communities, family law matters are dealt with by the Family Court of the Superior Court of Justice.
These courts can deal with all family law matters, including divorce, custody, access, division of property, adoption and child protection. In other communities, family law matters are dealt with in two separate courts. You will need to know which one can deal with the family law issues you need to resolve:. You and your spouse can also resolve the issues between you through private settlement, negotiation, collaborative family law, mediation or arbitration instead of going to court.
This booklet provides some information about each of these options. When you get married, the law treats your marriage as an equal economic partnership. If your marriage ends, the value of the property you acquired while you were married and the increase in the value of property you brought into your marriage will be divided in half: one half for you and one half for your husband or wife.
There are exceptions to this rule. The law also provides that you and your husband or wife have an equal right to stay in the family home. If you separate, you will have to decide who will continue to live there.
Getting married results in your existing will being revoked, unless the will states that it was made in anticipation of the marriage. You may therefore need a new will after you marry. Couples who feel that the law does not suit the kind of relationship they have can makeother arrangements in a marriage contract.
Marriage contracts are very important legal documents. You should think carefully about yourdecision. Speak to a lawyer and exchange financial information before signing amarriage contract. In amarriage contract you can say what you expect from each other during your marriage. You can list property that you are bringing into the marriage and say how much it is worth and who owns it.
You can say exactly how you will divide your property if your marriage ends. You do not have to divide your property equally. You can describe how support payments will be made if your marriage ends. You can also make plans for the education and religious upbringing of your children, even if they are not yet born.
There are some things you cannot put in your marriage contract. You cannot make promises about custody and access arrangementsfor your children if your marriage breaks down. You cannot change the law that says each spouse has an equal right to live in their home.
We are already married and do not have a marriage contract. Now we think it might be a good idea to have one. Is it too late? You can sign a marriage contract after you are married. Remember that it must be in writing and signed by you and your spouse in front of a witness who must also sign the contract. If you write your contract yourselves, each of you should have your own lawyer look it over before you sign it.
I am getting married in a few months. The china is your property. If your marriage ends, you can keep the china. But if the china has increased in value when your marriage ends, you and your spouse will share the increase in value. If you have a marriage contract, it could say that the china is your property and that any increase in the value of the china during your marriage will not be shared with your spouse if your marriage ends. If you live with someone without being married, people say you are in a common law relationship or are cohabiting.
Common law couples do not have the same rights as married couples to share the property they bought when they were living together. Usually, furniture, household belongings and other property belong to the person who bought them. Common law couples also do not have the right to divide between them the increase in value of the property they brought with them to the relationship.
If you have contributed to property your spouse owns, you may have a right to part of it. Unless your spouse agrees to pay you back through negotiation, mediation, collaborative law or arbitration, you may have to go to court to get back your contribution. If your common law relationship ends, and you do not have enough money to support yourself, you can ask your spouse to pay support.
You can ask for support for yourself if you have been living together for three years, or if you have lived together for less time and have had or adopted a child together. You and your spouse can settle on an amount for support through negotiation, mediation, collaborative law or arbitration.
If you and your spouse have or adopt a child together, you can ask for support for that child. Children of parents living in a common law relationship have the same rights to support from their parents as the children of married couples. If your spouse treated your child as their child while you lived together, you can also ask for support.
You can settle on support for your child through negotiation, mediation, collaborative law or arbitration. The amount of support is set under the Child Support Guidelines.
As part of a support order for you or your child, you may also ask to stay in the home you shared when you lived together. The judge can order this even if you do not own the home, or if your name is not on the lease. This is different than for married couples.
Married couples automatically have an equal right to stay in the home. Couples in a common law relationship can sign a cohabitation agreement to protect their rights. A cohabitation agreement can spell out what you both want your financial and family arrangements to be. It can say who owns the things you buy while you are living together.
It can say how much support will be paid if the relationship ends and how your property will be divided. It can say who has to move out of the home if the relationship ends. It cannot say who will have custody of, or access to, your children if your relationship ends.
You cannot decide this before the relationship is over. Both of you must sign a cohabitation agreement in front of a witness for it to be legal. The witness must also sign the agreement. Once you have signed a cohabitation agreement, you must follow what it says. Any change must also be in writing and signed in front of a witness.
If you cannot agree, and you have now separated, you have to go to court and ask a judge to decide the issues between you. You should each speak to a different lawyer and exchange financial information before signing a cohabitation agreement. What will happen to the things we own and our savings if one of us dies?
If you die without having a will which says exactly what you want to have happen to your property, your property will go to your blood relatives — for instance, your children, your parents or your brothers and sisters. To claim part of your property, your common law spouse will have to go to court to prove that he or she helped to pay for it.
This takes time and is expensive. For these reasons, people living in a common law relationship should each have a will that says to whom they want their property to go if one of them dies. When we moved in together, we went to lawyers and signed a cohabitation agreement.
What happens to our cohabitation agreement? When you get married, your cohabitation agreement becomes your marriage contract. If you both want to change it, you can sign a new agreement. You are separated when you are not living together and it is not likely that you will live together again. When you separate, there are many decisions that have to be made.
You will need to arrange which one of you will stay in your home, who will take care of your children, who will pay family debts, how much support will be paid, and how you will divide your property. Unless the circumstances of your separation make it unsafe to negotiate, because your spouse is violent or threatening, it is better if the two of you can agree on how to settle the issues between you through negotiation, mediation or collaborative family law.
If your former spouse is ‘allergic’ to work, do you still have to pay support?
This booklet contains information about the law as it was at the time it was written. The law can change. Check the Ministry of the Attorney General website at www. This booklet does not contain legal advice or replace the specialized advice of lawyers or other experts.
This Fact Sheet provides general information about spousal support under the Divorce Act. The Divorce Act applies to married couples who are divorcing. Provincial or territorial laws apply to unmarried or common-law couples that are separating and to married couples that are separating but not divorcing. A spouse may have to pay spousal support if such payment meets one or more of the main purposes of spousal support set out in the Divorce Act.
Spousal maintenance – what is it? why do I have to pay it? how much and for how long?
Spousal support also called spousal maintenance is money that's paid by one spouse to the other after separation. Usually, it's paid under an agreement or court order. If you'll get spousal support, you have to negotiate try to work out how much you'll get and for how long. But if you and the other person can't agree, the court has to decide. In BC, lawyers and courts use the Spousal Support Advisory Guidelines to figure out how much you'll get and for how long. The guidelines suggest payments based on things like:. Spousal support agreements or orders usually only last for a certain time. This time is usually based on how long you and your spouse were together. Often, spousal support will last for between six months and one year for every year you were married or lived together.
Fact Sheet - Spousal Support
Ask MoneySense. There are several factors a judge would look at before awarding spousal support. Income is just one. My wife and I are going through a separation. For the majority of the marriage, she made more money than I did.
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.SEE VIDEO BY TOPIC: My Ex Wants To Stay Friends: Good Or Bad Idea When Still In Love After A Breakup