Call us at 1-888-978-1178

Close Button

We Are Here To Help

Schedule your consultation below.

Can an ex get support if she was never common-law?

April 10, 2020

3.28K viewsCommon Law

My son’s ex girlfriend is threatening to take him to court saying they were common-law. They lived together for 1.5 years. He is a student working part time with student loans. She says she is going after him for medical bills for her dogs and cat, and car payments which all were hers and are only in her name. Plus, she made deposits on a wedding venue and she wants him to pay that too. Meanwhile she was with other men all the time. Common-law says living together 3+ years. He left with basically his clothes she hid a bunch of his and my stuff including his birth certificate and passport, so we couldn’t get a bunch of his stiff. I said cut your losses its just stuff. I don’t think she has a leg to stand on with her claims and threats.

Changed status to publish

No.   Under Ontario law it is only “spouses” who are entitled to obtain support from each other, depending on various factors such as respective need and ability to pay.

Naturally, you qualify as spouses if you and your Ex are or were legally married.  Likewise, you will be considered spouses for these purposes if you met the legal threshold for living in a common law relationship. (The requirement being that you have been living together for at least three years, OR you have a child together and have been living together in a relationship of some permanence).

But if your Ex was neither your spouse by marriage, nor your spouse under this common law test, then he or she is not entitled to spousal support.

Changed status to publish
The materials contained in this website are intended to provide general information and comment only and should not be relied or construed as legal advice or opinion. While we endeavor to keep the information on this web site as up to date, accurate and complete as reasonably possible, we do not warrant the completeness, timeliness or accuracy of anything contained in this web site. The application and impact of laws can vary widely, based on the specific facts involved. For any particular fact situation, we urge you to consult an experienced lawyer with any specific legal questions you may have. Your use of this website doe not constitute or create a lawyer-client relationship. Should you wish to retain our firm, kindly contact our office to set up a meeting with a lawyer.
Book A Consultation