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#168518 - 11/28/06 02:11 AM Cohabitation and Spousal Support in Canada
Mrss Offline
recently joined

Registered: 11/28/06
Posts: 7
If the terms of the divorce are that spousal support stops on remarriage, and Canada recognizes common-law marriage, at what point does cohabitation result in termination of spousal support?

Help, please?

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#168519 - 12/02/06 04:34 PM Re: Cohabitation and Spousal Support in Canada [Re: Mrss]
Curmudgeon Offline
Pooh-Bah

Registered: 06/03/05
Posts: 2030
Loc: MO Ozarks
From what I read, Canada recognizes a common law PARTNER, not a marriage. It takes a year to achieve that status if specified conditions are met.

If I was the former spouse, once I knew the ex was living with a member of the opposite sex I'd file for cessation of spousal support on that basis.

It worked for me here in California when the ex did it. Under threat of my filing she and her live-in boyfriend hastily married which ended spousal support absolutely. She was too "proud" to have her living arrangements, which included our two minor daughters, aired in a public forum (court) and made a matter of public record.

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#168520 - 12/03/06 01:33 PM Re: Cohabitation and Spousal Support in Canada [Re: Curmudgeon]
Mrss Offline
recently joined

Registered: 11/28/06
Posts: 7
Thank you!

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#168521 - 12/17/06 02:48 AM Re: Cohabitation and Spousal Support in Canada [Re: Mrss]
Spring Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 7973
Hey...

I don't know which Province you're in....but here's a little tid bit for you:

An indefinite order or agreement for spousal support can also set out conditions for the termination of that obligation. The most typical of these conditions are that:

a spousal support obligation will end if the recipient marries;
an obligation will end if the recipient cohabits with another person in a marriage-like relationship of more than a certain number of days, usually 90; or,
an obligation will end if the recipient obtains employment and earns more than a specified amount.


This was taken from a BC site...but I believe it quotes a case under the Federal Divorce Act.
_________________________
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