Understanding Legal Rights: Married vs. Common-Law Spouses

BUSINESS AND FAMILY LAW (TUESDAY – 8AM TO 11AM) GROUP ASSIGNMENT PROFESSOR: Michael Ian Rubenstein SUBJECT CODE: LAWS 1011-103 DATE: November 24th, 2023 GROUP MEMBERS: Pulkit Kandhari - 101444601 Aarnav Biswal – 101418943

1. Explain to me the difference between the legal rights of a married spouse and a common law spouse. Do a good job. Pretend you are a lawyer explaining this to a client who knows nothing. Answer 1: Definitions 1  MARRIAGE: Marriage refers to a formal, legally recognized union between two individuals, accompanied by a set of legal rights and responsibilities governed by state or federal laws.  COMMON-LAW PARTNERS : Living together in a relationship like a marital partnership, without the formality of marriage, is commonly known as "living common law." This arrangement resembles marriage in various aspects, involving shared living and life experiences, albeit without an official ceremony or legal documentation. It is important to note that the legal rights of married couples and common-law partners exhibit both similarities and some distinctions, which we will explore further for a comprehensive understanding. To understand the legal rights, we can convert the instructions into 3 parts: 1) same legal rights 2) sometime same rights 3) different rights 1 Extracted from Lecture 6(Intro to Family Law) and Lecture 7( Marriage and Cohabitation) of Michael Ian Rubenstein 2 [Type here]

SAME LEGAL RIGHTS Married couples and common-law partners typically share similar rights concerning their children, encompassing various areas such as: a) Allocation of Decision-Making Responsibilities: This involves outlining who holds the authority to make crucial decisions regarding the upbringing and welfare of the children. Think of it as defining the key decision-maker for significant aspects such as education and healthcare to ensure a coordinated and cohesive approach to parenting. b) Determination of Residency Arrangements for the Children: Here, we are discussing the primary living arrangements for the children. It is about figuring out where the children will reside, creating a stable and nurturing environment that supports their overall well-being and development. c) Designation of Parenting Time: This is all about scheduling when each parent will actively spend time with and care for the children. Establishing a clear plan for parenting time is crucial in maintaining meaningful and consistent relationships between each parent and the children. 3 [Type here]

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d) Determination of Child Support Responsibilities, Including Amounts: In this context, we are addressing the financial obligations of each parent towards the children's needs. It is not just about who contributes; it is also about quantifying the financial support required. This includes covering educational expenses, healthcare costs, and general living expenses to ensure the children's well-rounded care and upbringing. SOMETIMES SAME LEGAL RIGHTS In some cases, if you are married or in a common law relationship, you may have rights that are the same. Starting from:  Spousal support o If you are married in a common law relationship you can apply for spousal support. Partners can seek support after living together for three years and if they have a child together. o If you are married, you can request spousal maintenance through the court. o Even if you are married or in a common law relationship, there is no automatic right to spousal support. Partners must petition the court and demonstrate the need for assistance. 4 [Type here]

o Individuals seeking spousal support must provide evidence of the necessity for assistance from their spouse. This requirement applies regardless of the marital or relationship status. o If individuals can establish the need for spousal support, the court will decide the amount and duration of the support. The court's decision is independent of the individual's marital status.  Welfare and disability benefits One of the following social assistance programs may be able to help you if you are unemployed or have low income:  Ontario Works (OW): Ontario Works (OW), commonly known as a welfare programme, is a social assistance program designed to provide financial support to individuals or families with low income or no income. It is run by the local government, city, county, district, or area in which you live.  Ontario Disability Support Program (ODSP): Disability Benefits: The Ontario Disability Support Program (ODSP), known as disability benefits program, is specifically designed for individuals with serious health problems or disabilities that prevent them from working and is Administered by the Ontario government's Ministry of Children, Community and Social Service.  Definition of a “Spouse”: If we look at these programs, they consider you to be spouse, if you have been living together for around 3 months and encompassing married individuals, those in a common-law relationship, and living together in a relationship like marriage. 5 [Type here]

 Income Support for Couples: When determining whether to provide assistance as a pair, OW or ODSP will consider your combined income and assets if you are married. Concisely, if your low income is causing you financial difficulties in Ontario, you may be able to get help from programs like Ontario Works (OW) or the Ontario Disability Support Program (ODSP). These programs evaluate your joint financial status with your spouse to ascertain the potential amount of support you may receive together.  Income Tax Marriage:  When you are married, it is necessary to provide information about your spouse when filing taxes. Common Law Relationships:  In a commo n-law partnership, you may need to disclose details about your partner.  In some cases, being married or cohabitating might be counterproductive for tax purposes. The government considers both partners' incomes, potentially resulting in a lower amount of tax credits compared to being single. o You should disclose this information by December 31st of the tax year o You and your spouse are parents to a child, either through birth or adoption. o You cohabitated for a full year as a committed couple, even with periods of up to ninety days apart.  Married or common-law partners can transfer certain tax benefits, such as the age credit or disability tax credit, to each other. 6 [Type here]

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 Health Care Substitute Decision-Maker (SDM) for Health: o When you lack mental capacity for health decisions, the law outlines who can make these decisions on your behalf. For instance, in a situation like a car accident, someone else needs to decide on your medical treatment. Role of Substitute Decision-Maker (SDM): The person authorized to make health decisions for you is known as a “substitute decision- maker” (SDM).  Choosing Your SDM with Mental Capacity: o If you still possess mental capacity, you can choose your SDM through “Power of attorney for personal care”  Default SDM Role Without Designation: o In the absence of a designated power of attorney for personal care, the law by default assumes your “spouse” or “partner” to be your SDM unless someone is appointed by the court or the Consent and Capacity Board.  Definition of Spouse for Health Decisions: o In health care decisions, someone is recognized as your “spouse” if any of the following conditions apply: 7 [Type here]

o You are married to them and have lived together as common-law for at least one year, with a written cohabitation agreement with them or you have a child together.  Termination of Spouse Status: o The status of being a “spouse” ceases if you have separated from them due to the end of your relationship.  Definition of Partner for Health Decisions: o A person is identified as your “partner” if you have lived together for at least one year and share a close personal relationship of primary importance to both of you. DIFFERENT LEGAL RIGHTS  INHERITANCE o Marriage: If a married person passes away without a will, their spouse usually inherits everything automatically. Having a marriage certificate makes this process easier and clearer. o Common-Law Relationships: For unmarried couples living together, it is not automatic. The surviving partner needs to prove the relationship to inherit. This proof involves showing that they lived together, shared money and responsibilities, and were recognized as a couple by others. 8 [Type here]

In summary, marriage often means automatic inheritance, while common-law partners need more evidence to claim inheritance rights if there is no will. The court looks at various aspects of the relationship to decide if it is a legitimate common-law partnership.  PROPERTY AND DEBTS o Division of property When a common-law couple breaks up, they usually do not split their stuff equally. Here's the lowdown on property: o What You Had Before: You keep what was yours from before the relationship. o Stuff You Got Together: If you bought stuff while living together, it stays with the person who bought it. o Sharing Joint Stuff: Things you both own together need to be shared. o Getting Your Share Can Be Tricky : If you want part of your ex's things, proving why can be tough. o Cohabitation Agreement: To make things clear, you can create a cohabitation agreement on how to share stuff. It outlines the terms and conditions of division of their assets or properties. In simpler terms, when a common-law relationship ends, each person usually keeps what was theirs and what they got together. Sharing only happens for things you both own. Trying to claim a piece of your ex's things can be hard to prove. But you can make it easier by 9 [Type here]

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having a cohabitation agreement about how to split things in case things do not go smoothly .  FAMILY HOME 2  Marriage and Home Rights: After a marital separation, special rules apply to determine who can stay in the home. Both partners have an equal right to stay in a matrimonial home in Ontario. They also have the right to claim a share in the home's value, whether it is in Ontario or elsewhere, as part of the property division.  Common-Law Living Arrangements 3 : In common-law relationships, the right to stay in the home after separation varies. Common-law couples do not have a matrimonial home concept. So, the right to stay is for  legal owners of the house or  legal tenants. This right can be changed by a court order or mutual agreement. Also, if both partners own the house:  One can buy the other's share.  They can agree to sell the home and share the sale proceeds. 2 Extracted from https://stepstojustice.ca/questions/family-law/were-married-who-gets-stay-our-home-if- we-separate-or-divorce/ 3 Extracted from https://stepstojustice.ca/questions/family-law/were-not-married-who-gets-stay-our-home- if-we-separate/ 10 [Type here]

In simpler terms, if you were married, there are special rules about home occupancy after separation. In common-law relationships, the right to stay in the home post-separation depends on the circumstances and is not governed by the same rules as in marriages. 2. Outline the possible issues and what Ms. Lohan should consider protecting herself and her business in the event of a divorce. Answer- Potential Considerations for Ms. Lohan's Situation 4 : Dates and Duration of Marriage:  Issue: The legal timeline of Lindsay Lohan's marriage is vital for divorce proceedings.  Consideration: It is essential to establish the precise chronology of events, as it holds significance in legal proceedings. Financial Situation:  Issue: Lindsay Lohan, at 35, grapples with $200,000 in savings and a daunting $300,000 debt.  Consideration: A thoughtful plan to bridge this financial gap is imperative, ensuring fairness and transparency in debt and savings management during divorce. Property and Finances:  Assets and Debts: Determining how to divide accumulated debts and assets, considering Ms. El Diablo's impact on business growth.  Business Ownership and Income: Clarifying ownership of the gym and dance studio, recognizing Ms. El Diablo's unpaid contributions. 4 Extracted from Lecture 8(Divorce) and Lecture 9 (Dividing Property) of Michael Ian Rubenstein 11 [Type here]

 Modelling Offer: Addressing the potential inclusion of modelling income in marital property.  Domestic Agreement: Considering prenuptial or postnuptial agreements to protect assets and outline financial responsibilities comprehensively. Business Ownership and Income:  Issue: Lindsay Lohan owns a gym generating $5,000 monthly, with uncertainties about Ms. El Diablo's compensation.  Consideration: Defining roles and meticulously documenting compensations prevents potential disputes over business contributions during divorce. I mmigration Sponsorship:  Issue: Ms. Lohan sponsored Ms. El Diablo to Canada.  Consideration: Understanding legal implications is paramount. Seeking legal advice is advised to navigate potential complexities arising from immigration sponsorship during divorce. Property Ownership and Residence:  Issue: The couple resides in Lindsay Lohan's condominium.  Consideration: Clearly defining property ownership, particularly regarding the condominium, is vital. Addressing potential disputes over residence and ownership should be part of the considerations during divorce. Modelling Offer :  Issue: Ms. El Diablo received a modelling offer.  Consideration: Including potential modelling income in a domestic agreement ensures clarity on its management and distribution during divorce. Business Protections: 12 [Type here]

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 Documentation: Maintaining meticulous financial records, including clear documentation of Ms. El Diablo's contributions.  Business Contracts: Establishing explicit agreements on ownership, responsibilities, and revenue sharing within the business. Impact on Divorce Proceedings:  Consideration: While suspicions of infidelity may impact emotions, it is important to recognize their potential limited impact on direct financial matters. Trust and Relationship Dynamics:  Issue: Trust issues exist among Lindsay Lohan, Ms. El Diablo, and Tyra Banks.  Consideration: Prioritizing legal and financial aspects during divorce is crucial to safeguard Lindsay Lohan's interests amidst complex relationship dynamics. Consulting a Family Law Attorney:  Consideration: Seeking legal guidance is imperative for insights into protecting Lindsay Lohan's interests, understanding family law nuances, and navigating potential challenges during divorce. 13 [Type here]

BUSINESS & FAMILY LAW

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