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Featured Question

Can I run out of time to ask the court to divide my property?

Yes, there are legal time limits for the division of property. If you want to ask the court to settle a disagreement over how to divide property between you and your spouse you must ask within a certain time after the breakdown of the relationship.

The important time limits to know are as follows:

  • 2 years after you receive your divorce
  • 6 years after the date the parties separated with no chance of reconciliation
  • 6 months after the death of a spouse
... MORE »

Most Recent FAQs

How much spousal support am I entitled to?

This is a very complex question that depends on a variety of factors. The most important factors for the determination of spousal support will be as follows:

  • the incomes of the parties;
  • the length of the parties’ relationship and
  • the roles each party played within the relationship

Other factors include the age of the support recipient at separation, whether there was a marriage contract signed which included spousal support and whether there were any special circumstances which occurred during the relationship that create an entitlement or disentitlement to support.

Spouses will typically be entitled to... MORE »

If my spouse’s income has increased can I request additional support?

If your spouse’s income has increased dramatically then you may be able to request an increase in support. The court will base such a request on whether there has been enough of a “change in circumstance” to justify increasing your support payments. The court will also ask if increasing your support payments is in line with the objectives of the spousal support advisory guidelines.

If an increase is warranted by the spousal support advisory guidelines then the court may decide to order a new amount by looking at the new circumstances... MORE »

I never got married but I did live common-law. Do I qualify for spousal support?

Yes. If you qualify as a spouse under the Family Law Act then you can receive spousal support. Under the family law act all spouses whether married or common law can receive support in exactly the same manner.

Under the Family Law Act you will qualify as a spouse under section 29 of the act if you have cohabitated with a partner on a continuous basis for at least 3 years or longer. You may also qualify as a spouse if you engaged in a relationship of some permanence and you... MORE »

Is a separation agreement written in 2002 binding today?

Separation agreements outline each spouse’s rights in regards to major issues such as support payments, property, and custody and access (Family Law Act s. 54). Separation agreements become legally binding contracts once they are signed, and should not be taken lightly as they can have a large impact on the future of the entire family. Once signed, both parties must respect and follow the contents of the agreement. There is no limitation period on separation agreements; however, other factors play a role in determining whether the agreement may be set... MORE »