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COMMON LAW RELATIONSHIPS

Not all parents are married.  Unmarried couples are generally treated the same as married couples with respect to child custody, access, child support, and spousal support (also referred to as adult interdependent partner support for common law couples).  The key difference is that common law partners have no legal entitlement to the equalization of matrimonial property.  Rather, common law spouses may obtain a constructive trust in the assets of their former partner if they can prove that they contributed in a material way to the increase in value of an asset or assets owned by the former partner.

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