My spouse and I have been living together for two years and four months. If we separate, then will my spouse have to pay anything towards my support, as my spouse makes a lot more than me and we have been living a good lifestyle, much greater than I could afford by myself?

May 5, 2017

The obligation to provide support will depend on whether the parties are seen as spouses under the law.

 

While married persons are automatically recognized as spouses, this is not so for unmarried persons.Under the for unmarried persons to be classified as spouses, they must:

 

  1. continuously cohabit for three years; or

  2. be in a  relationship of some permanence, if they are the natural or adoptive parents of a child.

 

However, the fact that one is a spouse does not mean that support will be granted. The spouse needs to prove that they are entitled to support.This will involve an analysis of many factors, including the length of the relationship and the disparity in income.

 

The shorter the relationship period, the less likely that the support will be granted. The disparity in income will not automatically result in support being payable.

The analysis of whether spousal support is payable is a complex matter. Our firm has family lawyers that can assist you in this process.

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