Sentences with phrase «spouses cohabited»

If the spouses cohabited before marriage, assets accumulated during that time are not marital property.

[18] Section 15.2 (4) of the Divorce Act further provides that the court must, in its analysis of a claim for spousal support, consider the condition, means, needs, and other circumstances of each spouse, including the length of time the spouses cohabited and the functions performed by each spouse during cohabitation.

As required by s. 15.2 (4), the trial judge considered the length of time the spouses cohabited; their functions during cohabitation; and the arrangements they had made in their Separation Agreement.

We simply state that the court should be alive to the conditions of the parties, including whether there were any circumstances of oppression, pressure, or other vulnerabilities, taking into account all of the circumstances, including those set out in s. 15.2 (4)(a) and (b)[the length of time the spouses cohabited, and the functions performed by each spouse during cohabitation] and the conditions under which the negotiations were held, such as their duration and whether there was professional assistance.

This decision reflects the provisions of the Divorce Act, which states (s. 15.2 (4)-RRB- that the court in considering a spousal support award shall take into consideration the condition, means, needs and other circumstances of each spouse, including the length of time the spouses cohabited; the functions performed by each spouse in the relationship; and any order, agreement or arrangement relating to support of either spouse.

The spouses cohabited for less than five years, and under equalization one spouse would receive a disproportionately large equalization payment.

Regardless of how long you have been ordered — or have agreed — to pay alimony, you may be able to cut off your payments if your former spouse cohabits with a romantic partner.

If state law or terms of the divorce decree permit alimony to be decreased, suspended or terminated if a former spouse cohabits with another person, the paying ex-spouse can petition the court to modify alimony once this happens.

Not exact matches

Fully 30 % of cohabiting single fathers are younger than 30, compared with only 10 % of those who are not living with a spouse or partner.

One - fourth (25 %) of cohabiting fathers lack a high school diploma, compared with 15 % of fathers with no spouse or partner in the house.

While the bulk of single fathers among younger men are cohabiting, the reverse is true for fathers ages 40 and older — most of these single fathers have no spouse or partner in their household.

And while 22 % of fathers with no spouse or partner have a bachelor's degree or more, the share of cohabiting fathers with this level of education is less than half that (10 %).

And 18 % of fathers living with no spouse or partner are Hispanic, while fully one - third (33 %) of cohabiting fathers are.

This allows for a further differentiation of single fathers — those who have no spouse or partner living with them and those who are cohabiting.6

Some sites claim to be purely for genuine singles seeking committed, long term relationships, others turn a blind eye to, or even actively encourage, married or cohabiting members who may or may not use the sites with the blessing of their spouse or partner.

A separated legal spouse may also be eligible for the survivor's pension, if the contributor did not marry again, cohabit with another person for over a year or have children with another person.

There are exceptions to Spousal Support Advisory Guidelines when one spouse gets remarried or starts cohabiting with someone else, etc..

long - term cohabiting couples» gifts believing that the spouse exemption applies - it does not, regardless of how long they have lived together.

In Ontario, married couples who are divorcing may apply for support under section 15.2 of the Divorce Act, while cohabiting spouses and married couples who are not seeking divorce may apply for spousal support under section 30 and 33 the Family Law Act.

Its report revealed widespread confusion over what protection couples that live together have under the law, with 51 % of people believing that cohabiting couples have rights as «common law» spouses.

Section 5 (3) of the FLA states that if, while the spouses are cohabiting, there is a risk that one spouse will «improvidently deplete his or her net family property,» the other spouse can apply for equalization.

The Supreme Court recently affirmed that the failure to extend property equalization regimes to unmarried, cohabiting spouses is constitutionally valid.

However, no such exemption applies to common - law spouses (defined by federal legislation as one who is «cohabiting with the individual in a conjugal relationship having so cohabited for a period of at least one year or having a child together, or entering into a cohabitation agreement»).

In those provisions, the term «spouse» includes cohabiting couples who have lived together for a period of at least three years or cohabiting biological or adoptive parents (s. 29).

However, the definition of «spouse» under the section of the Family Law Act pertaining to spousal support, includes common law partners: «either of two persons who are not married to each other and have cohabited, (a) continuously for a period of not less than three years, or (b) in a relationship of some permanence, if they are the natural or adoptive parents of a child.

A family court could find that you are separated even if you and your spouse are continuing to live under the same roof and even if the Canada Revenue Agency has the view that you are still cohabiting together in a married or common - law relationship.

Further, the Crown's position «would also require us to find that cohabiting partners across Canada, including spouses, commit a sexual assault when either one of them, even with express prior consent, kisses or caresses the other while the latter is asleep.

They can show who was living in a property, when you began to cohabit with your spouse and when you separated.

For example, unmarried cohabiting spouses in Ontario are not entitled to some remedies that are available only to married spouses, such as equalization of family property.

Spousal support is typically paid by the higher - income earning spouse to the lower - income earning spouse and will depend on various factors set out in section 33 (9) of the Family Law Act, i.e. the parties» respective assets and means; the assets and means that the parties are likely to have in the future; the length of time the parties cohabited (including any time that the parties lived together before they married); the effect on the spouse's earning capacity of the responsibilities assumed during cohabitation, etc..

You can read all about the rights and obligations that cohabiting couples have or don't have (when compared to married spouses) here.

However, many pension schemes recognise cohabiting partners alongside spouses and civil partners, provided certain conditions are met.

Common Law Marriage (Ontario) As I just blogged about (see previous blog post), there is a big misconception that cohabiting couples either have the same rights and obligations as married spouses (which they don't) or don't have any rights at all (which they do / can have) when it comes to things like support, ownership -LSB-...]

Legislation giving unmarried cohabiting couples property rights identical to those of married spouses became law in Saskatchewan in 2001, in Manitoba in 2004 and in British Columbia in 2011.

When the court decides the terms of a divorce at trial, the judge has the power to order that alimony will not terminate if the supported spouse remarries or cohabits with another person.

A draft Convention provided that there could be no loss of the original parental ties in the event of adoption by the spouse or registered partner of the child's parent, indicating a growing recognition by Council of Europe States for adoptions between cohabiting partners.

Clarity could be given to the division of property firstly, and most importantly, by extending to long - term cohabiting couples the property division regimes enjoyed by married spouses.

Property rights and the breakdown of a relationship This document discusses whether spouses and cohabiting partners have any property rights following the breakdown of their relationship.

About half (52 %) are separated, divorced, widowed or never married and are living without a cohabiting partner; some (41 %) are living with a non-marital partner; and a small share (7 %) are married but living apart from their spouse.3

However, if the mentally ill spouse regains mental soundness and the spouses continue to cohabit, the marriage is ratified, and the grounds of mental illness are waived even when and if the mental illness returns.

If the spouses have separated and do not live together or cohabit, either one may petition the court for property division, child custody, support, and maintenance

(In the remainder of the document, the term spouse is used to refer collectively to the spouse and cohabiting partner.)

In one study, researchers found that over one - third of cohabiting couples and one - fifth of spouses have ended and subsequently rekindled their current romantic relationship.1 Data suggests that rekindling may be even more common in dating relationships.2 Of course, with so many people rekindling, the next question is whether or not getting back together with an ex-partner is a good idea.

Cohabiting couples also might establish property rights as putative spouses.

However, parties who cohabit after removal of the impediment, the other spouse is divorced or passes away, are lawfully married as of the date of the removal of the impediment 5/212 (b).

If you are recently bereaved (having been married, cohabiting or in a civil partnership), you can claim OFP for a period of up to 2 years from the date of death of your spouse / civil partner / co-habitant, or until your youngest child reaches the age of 18, in order to enable you to come to terms with your changed circumstances.

If you are married, in a civil partnership or cohabiting, you may get an increase in your payment for your spouse or partner.

If you are one half of a couple (married couple, civil partners or a cohabiting couple) then your means are taken to be half of the total means of yourself and your spouse, civil partner or cohabitant.

Couple Premarital Behavior and Dynamics We examined 14 behaviors and dynamics related to the focal relationship as predictors of marital quality: age at marriage, length of relationship before marriage, whether the couple had a child or were pregnant together before marriage, whether they began their relationship with hooking up, whether the respondent had sexual relations with someone else while dating his / her future spouse or knew that his / her partner had, whether the respondent reported any physical aggression in the relationship before marriage, whether the couple cohabited before making a mutual commitment to marry, the degree to which the respondent reported sliding into living together vs. deciding to do so, whether the respondent perceived that he or she was more or less committed than the partner before marriage, whether the couple received premarital education, and whether the couple had a wedding, as well as how many people attended the wedding.

Your former spouse or partner can not have more than $ 100 a week income in their own right and can not be married, in a civil partnership or cohabiting.