Cameron Miranda
Whether you are eligible for spousal support as a common-law partner depends on where you live. In Canada, for example, common-law partners may be entitled to spousal support. In the US, it depends on the state in which you reside. For example, in Texas, common-law partners have the same rights as couples with a marriage license, including the right to spousal support. However, it is important to note that common-law marriages are not recognized in all jurisdictions, which can complicate matters if the couple moves to a different state. It is always recommended to seek legal guidance from a divorce lawyer to understand your specific situation and options.
| Characteristics | Values |
|---|---|
| Common law marriage recognition | Depends on the state/country |
| Alimony eligibility | Depends on the state/country |
| Alimony alternatives | Palimony |
| Alimony determination factors | Duration of marriage, resources and earning capacity of each partner, financial and non-financial contributions to the household, age and health of each partner, history of family violence or marital misconduct |
| Spousal support in Texas | Eligible for consideration if common law marriage is proven |
| Spousal support in Newfoundland and Labrador | Entitlement, amount, and duration decided by a judge |
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What You'll Learn
Alimony vs. spousal support
Alimony and spousal support are terms used to describe financial support provided by one spouse to another during or after a divorce. Alimony is an older term that is associated with men supporting women after divorce proceedings. However, spousal support is a more modern and gender-neutral term that is often preferred in state divorce codes and family law.
Spousal support is typically based on the couple's relative income and is intended to help the lower-earning spouse adjust to life as a single person. It is not granted automatically and is usually granted for a limited period to allow the recipient spouse to become financially independent. The purpose of spousal support is to ensure that the dependent spouse has the means to cover essential living expenses during and after the divorce process.
Alimony, on the other hand, can be used as a punitive tool in cases where one spouse is found to be at fault for ending the marriage. For example, if a spouse cheated, the court may enforce higher alimony payments as a form of punishment. Alimony is also influenced by factors such as the length of the marriage, the presence of a prenuptial or postnuptial agreement, and whether there is domestic violence in the relationship.
In some states, like Pennsylvania, there is a distinction between spousal support and alimony in terms of when they are paid during the divorce process. Spousal support is paid before a divorce case is filed, while alimony pendente lite (APL) is paid after the case is filed and up until the divorce is finalized. APL is a temporary financial support granted to the lower-earning spouse to cover their living and legal expenses during the divorce proceedings.
It is important to note that the specific laws and terminology related to alimony and spousal support may vary across different states in the US. For example, Texas uses the term "spousal maintenance" instead of alimony or spousal support, and eligibility for spousal maintenance is governed by the Texas Family Code. Similarly, Illinois law prefers the term "spousal maintenance" to reflect the absence of gender roles or innocence in modern divorce cases.
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Common law marriage recognition
Recognition of common-law marriage varies depending on the state or province. In Texas, common-law marriages are recognised and common-law partners have the same rights as couples with a marriage license. This means that if you can prove you are in a common-law marriage, you are eligible for spousal support under the law. However, it is important to note that Texas law differentiates between spousal support and alimony, and it is possible to pursue alternatives such as palimony.
In Newfoundland and Labrador, spousal support is also available to common-law partners. It is recommended that couples try to resolve spousal support issues outside of court, and any arrangement is put into writing and signed by both parties in the presence of an official witness.
The Supreme Court of Newfoundland and Labrador outlines that judges will consider a number of factors when deciding entitlement, amount, and duration of spousal support. These include the resources and earning capacity of each partner, financial and non-financial contributions to the household, and the history of family violence or marital misconduct.
It is always recommended to seek guidance from a knowledgeable divorce lawyer who can ascertain your legal options and provide insight into the laws surrounding marriage, family law, divorce, and related matters.
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Division of assets
The division of assets for common-law spouses differs from that of married couples. In the province of Ontario, there is no entitlement to the division of property and assets for common-law couples, unlike married couples. This means that each common-law partner is entitled only to what they brought into the relationship or acquired during it.
However, if you feel that you have significantly contributed to the value of a certain asset, such as a home, pension, or savings account, and that it is unjust for your spouse to retain full ownership, you can make a claim for a constructive trust to remedy unjust enrichment. To prove unjust enrichment, you must demonstrate that you and your partner were engaged in a joint family venture and that your partner is retaining a disproportionately large share of the profits. A constructive trust entitles the claimant to a particular asset, such as the matrimonial home.
It is important to note that the laws regarding common-law marriages vary across different states and jurisdictions. For example, in California, the division of property and debts in a divorce can be complex, especially with high-value assets or significant debt. Generally, any property or debt acquired after the marriage but before separation is considered community property and belongs to both spouses equally. This includes assets purchased with community money, such as a house or car, and debts incurred by either spouse, such as student loans or gambling debts. Retirement plans and pensions are also considered community property, and both spouses have a right to a portion of the funds earned during the marriage.
It is always advisable to seek legal guidance from a knowledgeable divorce lawyer, especially when dealing with complex asset division or when common-law marriages span across multiple states with differing laws.
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Eligibility and entitlement
In Newfoundland and Labrador, both married spouses and common-law partners may be entitled to spousal/partner support. It is recommended that individuals in common-law relationships consult with a lawyer about their eligibility, as the relevant factors for entitlement, such as the duration of the marriage, resources and earning capacity of each partner, and history of family violence, can vary.
It is also important to consider that the laws surrounding common-law marriages can be complex and vary across different jurisdictions. For example, if a couple is common-law married in one state but moves to another that does not recognize common-law marriage and subsequently ends their relationship, the legal obligations regarding spousal support may be unclear. In such cases, it is crucial to seek guidance from a knowledgeable divorce lawyer who can help navigate the unique circumstances.
Additionally, it is worth noting that the terms "alimony" and "spousal support" are often used interchangeably, but there may be significant differences between the two under specific state or provincial laws. For instance, in Texas, couples have a choice in the conditions of financial support when ending their relationship, and they may opt for contractual alimony to seek more control over asset division and flexibility in property settlements.
Overall, determining eligibility and entitlement to spousal support as a common-law partner can be a complex process that requires careful consideration of the specific laws and regulations in the relevant state or province. Consulting with a divorce lawyer or legal professional is often the best course of action to understand one's rights and obligations fully.
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Court applications
The eligibility for spousal support for common-law partners varies depending on the state or province. In Texas, common-law marriages are recognised, and partners in such marriages have the same rights as couples with a marriage license. This means that if you can prove you are in a common-law marriage in Texas, you are eligible for consideration of spousal support.
In Newfoundland and Labrador, spousal support is also available for common-law partners. However, it is strongly recommended to consult a lawyer about eligibility. It is also recommended that spousal support issues be resolved outside of court, and any arrangement be put into writing and signed by both parties in the presence of an official witness. This agreement can then be filed with the Court and becomes enforceable as an Order of the Court.
If you cannot come to an agreement regarding spousal support, you can apply to the Court. In Newfoundland and Labrador, only the Supreme Court can deal with applications for spousal support orders issued as part of, or after, a divorce. If your application for spousal support is part of a divorce application, you should apply to the Family Division of the Supreme Court if you are in a judicial area where it operates exclusively. Otherwise, you should apply to the General Division of the Supreme Court.
It is important to note that judges will consider various factors when determining entitlement, amount, and duration of spousal support, such as the resources and earning capacity of each partner, financial and non-financial contributions to the household, and health of each partner.
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Frequently asked questions
Yes, if you can prove you are in a common-law marriage in Texas, you are eligible for consideration of spousal support under the law.
It is not unheard of for a spouse in a common-law marriage to deny the validity of that marriage for the purpose of avoiding paying alimony. In such cases, it is beneficial to seek guidance from a divorce lawyer who can help you understand your legal options.
Judges will consider a number of factors when deciding entitlement, amount, and duration. These include the resources and earning capacity of each partner, their financial and non-financial contributions to the household, age, physical and emotional health, and history of family violence, adultery, cruel treatment, or marital misconduct.
