Legal Question in Family Law in Canada

Alimony

I am considering getting involved with this lady. She makes about $64,000 per year. I am a Canadian Citizen. If I live with her over six months I believe considered married and have all legal requirements. Our relationship is a bit unstable. I have my reservations. So the relationship might not last. My girl friend has a daughter from a previous relationship. Her previous husband is paying alimony. Her former husband has a good job. What time frame when we live together are we considered married? If she leaves me will I have to pay alimony? I only make 1/3 what she makes. I may receive inheritance. If I have to pay alimony it would not worth it until her daughter turns 18. Also would she be able to claim anything from my inheritance? If yes than than would I need a prenumcial agreement? Would this legal agreement protect me from any financial legal claims against me? The child is now 12 years old. Also if my income suddenly went up to her level or beyond with new job. Would she be able to claim then? I have no interest in looking after child if we are separated.


Asked on 1/24/07, 9:10 am

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Alimony

In British Columbia you do not pay alimony until a child turns any particular age; alimony is support for a spouse and it is payable until the spouse no longer needs it or should be self-supporting in the view of the B.C. Courts. There is not particular time you must be together for you to be resonsible for payment of child support. In general, you are responsible if you have acted as a parent towards a child - the circumstances are variable and often dependent on the facts of each case. In B.C. you pay child support until a child is no longer a "child" as defined in the Family Relations Act, which is the later of age 19 or when the child is no longer dependant. The most common reason for continuing dependency is attendance at college or university after age 19, but there are also nummerous other reasons.

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Answered on 1/24/07, 10:21 am


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