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My partner wants to separate. I am the primary income provider. I have always paid for the majority of all expenses, household, recreational, mortgage, food, utilities, etc. And I give him money on top of his own income. We are talking about a separation agreement but that will take time. He said he can get a legal order to require me to immediately start paying him spousal support even though he still lives with me, and we have not separated yet. Is that correct?

December 15, 2020


No.  Your partner is misinformed.  If you have not yet separated – and in fact are still in a customary living-together arrangement (meaning  one that would not be characterized as “separated but living under the same roof), then your partner has legal basis for claiming support from you at this time.

Support entitlements (if any) between former partners arise only upon legal separation, and later after divorce.

But you are wise to start negotiating a separation agreement now, since it can provide certainty as to the mutual obligations you will have towards each other once you do formally separate.

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