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Spousal Support My ex-partner and I separated last July after 19 years of co-habitation. Shortly after he suggested to go to a mediator to settle things out and get a formal separation agreement. At the end of the second session he dropped the bomb on me: he was claiming for unjust enrichment, spousal support and half of my pension. He has always worked and now makes close to $50,000. I am making about twice as much. We had no kids or other such commitment. During our cohabitation he was able to maximize his RRSP contributions, to purchase shares of his company and get a good amount in his bank account. So, is it likely that I would have to pay spousal support? (by M of Ottawa, ON) I can't give you a good answer to your question since you aren't married and your relationship was in Ontario, which means that it's the provincial laws of Ontario that apply rather than the federal Divorce Act. As I practice law in British Columbia, I don't know a thing about the provincial laws on spousal support in Ontario, what their criteria might be, or even whether they apply to same-sex couples. If you lived in BC, I could at least tell you that your rights and obligations as a same-sex couple are exactly the same as those for straight couples. I have no idea whether there's that sort of equality in Ontario. Assuming that gays and lesbians have the same rights and obligations as straight couples do under Ontario's laws, I can tell you that you are exposed to a claim for support, but it's not a good claim and any support that is awarded probably won't be permanent. Simply because of the sheer length of your relationshp (19 years!) and the disparity between your incomes, the court might be tempted to equalize your standards of living. Balancing this concern, of course, is the fact that your partner has a duty to become independent, and at $50,000 per year, he ought to be independent! On top of all that, the amount of your assets he receives (if any) may lessen his entitlement to support. I guess what I'm saying is this: if the law in Ontario is the same as the law here, you are exposed to a claim for support, but it isn't likely to be permanent nor do I think it is going to be in a terribly large amount. Initially, the court will want to equalize your incomes, however this will probably be for the short haul only. Now, you're partner's dropped a bomb on you, not only for support but for a share of your assets and pension under trust law. I strongly suggest that you speak with a family law lawyer in your neighbourhood as soon as you can. Make sure you find a gay-positive lawyer. All of these issues are complex, and I cannot guarantee that Ontario law is even close to BC law on these subjects. Click here to go to the top of the page. Site Navigation
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