Spousal Maintenance

Family law, Velletta & Company, Victoria, BC

Spouses, whether married or common-law, are obligated to provide spousal support or maintenance upon the breakup of their marriage.

While there is an obligation to support a spouse following a breakup, spouses also have a corresponding duty to become and remain self-sufficient. There is, therefore, the obligation to support a spouse, pitched against that spouse’s duty to become and remain self-sufficient.

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Property Division

Family law, Velletta & Company, Victoria, BC

Upon divorce or separation, family property and debt gets divided, but each spouse keeps their own excluded property.

The law assumes spouses will share family property equally, but excluded property belongs to the spouse who owned or received it. However, if excluded property appreciates in value during the relationship, that increase in value is considered family property, and is subject to division.

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Common Law Relationships and Separation

Separation advice Victoria BC lawyers

Even if you are not married, if you live with another person in a marriage-like relationship that person may be considered your spouse.

In order to be considered a spouse for the purposes of dividing property or debt you and the other person must have lived together in a marriage-like relationship for at least two years.

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