Spousal Support – Common Law and Married
Spousal Support for Common-Law Couples in Ontario
In Ontario, common-law spouses have the same rights to spousal support as married couples IF they have been living together for at least three years or have had a child together and have been living together in a relationship of some permanence.
Different provinces have different rules as to entitlement to spousal support for common-law couples.
- How is spousal support determined – the amount?
- The answer is “It depends”. The basic principle is that support is based on need and ability to pay. Important factors are how long you are married, and your roles, for example, is one person a homemaker and the other the primary breadwinner, is one partner also paying child support, is a spouse likely able to support themselves and if so, what is the likely difference in their income?
- How long it is to be paid?
Again, there is some flexibility based on the length of the marriage. The range is from six months to one year for each year you are married with indefinite support if you are married for over 20 years.
- What would end the requirement to pay spousal support?
If the spouse receiving support was able to earn a sufficient income, if they remarried or were supported by another partner, or if the spouse died.
- What are the tax implications of paying and receiving spousal support?
Spousal support is taxed as ‘income’ in the hands of the recipient – and can be claimed as a tax deduction by the payor. This is an important calculation when determining a reasonable amount of spousal support.
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