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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I am a 45 year old woman, separating with my spouse of

Customer Question

I am a 45 year old woman, separating with my spouse of 19 years (as of today)-20 years (as of Saturday, July 11).
Our circumstances are such that he will be living in my house in the basement.
Given the rule of 65 (which I believe is a true thing), my question is:
What is the official date of my separation?
a) the date that my husband and I decided to separate (e.g., Feb. 2015)?
b) the date that we finished the agreement and had the lawyer sign off on the separation agreement?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
What do you mean by the rule of 65?The date that you separated is the date that to you determined that your marriage was over. It is not when you sign a separation agreement. In fact many don't ever sign separation agreements.If you are concerned that you are not meeting the 20 years in terms of being together for ongoing support purposes a few weeks or months do not matter. A court and the law strive for fairness and a few days or weeks is not going to change the outcome.

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