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My daughter has been with a guy for 3 years and they have a

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My daughter has been with a guy for 3 years and they have a 2 year old , she is on disability and gets $ 800 per month he is in the forces and gets 70k per year . The question I have is she entitled to spousal support and if so for how long
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

The best answer possible is that she is probably entitled to spousal support, and it cannot be determined for how long.

Support is payable if there is an economic disadvantage to a spouse coming from the breakdown of the relationship and that person is not able to be financially self sufficient despite best efforts. Here, the mother was obviously supported by the father and has some economic need so it seems very likely that she would be entitled to some support. But there are no fixed rules on the amount of support or duration. If those things are not agreed upon and go before a judge it is in the judge's discretion. So the amount and duration varies a lot from case to case. Generally speaking, a judge will be more inclined at some point to terminate support when it has been a short term relationship. A spouse is not usually going to receive many years of support if the relationship was only a few years long. But if a judge says that the ongoing inability to be self sufficient is tied to the relationship or its breakdown, then support can continue indefinitely and there is no set time when it has to stop.
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Customer: replied 1 year ago.


Thank you , you said if her disability is tied in to the breakdown then it could continue indefintley, he has offered 400 per month for 5 years
we have asked for 8 , what are your thoughts

Expert:  Law.Hut replied 1 year ago.
Sorry, but I am not allowed to,offer legal opinions here as that violates the site policies. We can only give general legal information. But I would likely need far more information to render a meaningful opinion in any event.

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