Lawyer Helena Birt explains how both common law and legally married couples may have entitlement to spousal support in Ontario ,Canada.

Highlights
2:41 Helena notes that within the Family Law Act, the definition of spouse differs, depending on whether it's about property division, or spousal support.
3:27 Spousal support may be claimed using the Divorce Act or Family Law Act for married persons, but only under the Family Law Act for common law couples.
4:24 The purposes of spousal support under Divorce Act.
5:10 The factors considered by the court to grant support under Divorce Act
6:40 Judges cannot decide differently based on whether you were married or a common law spouse.
7:40 Do you lose entitlement to spousal support if you move in with a new partner?

Extra information from Helena on domestic contracts:
"Marriage and cohabitation agreements are called "domestic contracts" in Canada. They do not "override marriage and family law", they are a legal option included in provincial and federal legislation. A couple may choose to enter into a domestic contract before or after their marriage or cohabitation commences to: organize their finances, specify their rights and obligations to one another during the relationship, and/or opt-out of the legislated rules for a division of property and create their own rules for property division in the event the relationship breaks down.

The following CANNOT be included in a domestic contract:

- child-related issues such as decision-making, parenting time and child support in the event of a future separation;
- requiring one spouse to leave the matrimonial home in the event of marriage breakdown (for married couples only)
- waiving either spouse's right to obtain full financial disclosure from the other in the event of separation.

There are a few other minor things that cannot be done in a domestic contract. As always, please consult with a lawyer to obtain legal advice about your rights and obligations if you are considering doing a domestic contract. "Do-It-Yourself" contract kits are extremely risky and any agreement done without proper legal advice may not be enforceable."


LINKS
Federal Government of Canada Fact Sheet on Spousal Support:
https://www.justice.gc.ca/eng/fl-df/f...

Divorce Act (Canada) on CanLII:
https://canlii.ca/t/7vbw

Family Law Act Ontario:
https://canlii.ca/t/2d8

Link to s.29: https://www.canlii.org/en/on/laws/sta...

Steps to Justice
https://stepstojustice.ca/legal-topic...

Note: Definition of "spouse" appears in s.1(1) in the Family Law Act, but the definition changes in Part III Support Obligations, s.29. (Please always check the most recent version, and be mindful that these section numbers may have changed from time of this video. Also, please note that the definition of spouse changes outside of the Family Law Act as well. You need to do extra legal research on the area of law you are in. )

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Speakers:
Helena Birt is an Ontario family lawyer whose practice is on Legal Aid certificate matters only.
Her email is [email protected]

Heather Hui-Litwin is founder of Litigation Help
www.litigation-help.com