Andrew Dice Clay Files for Divorce, But Will Stay With His Wife

Andrew Dice Clay filed divorce papers in the Los Angeles Superior Court on March 18, 2014 against his third wife, Valerie Vasquez. Clay, whose real name is Andrew Silverstein and who recently starred in Woody Allen's film "Blue Jasmine", married Vasquez in Vegas on Valentine’s Day in 2010. There are no children of the marriage.

Despite filing for divorce, Clay is reportedly intending to remain in a relationship with Vasquez forever. Clay stated, “The word ‘marriage’ was putting a pressure on our relationship and since we filed, we've been more in love and have had more respect for each other than ever before.” The couple even celebrated their divorce at a restaurant in West Hollywood. Clay said the couple’s relationship has improved since filing for divorce.

Clay might share the details about this divorce in his forthcoming biography, The Filthy Truth, which will be available in stores later in 2014.

While the word "marriage" may change how people think of their relationship, in Ontario, most of the legal rights and obligations of a common law relationship are similar to the rights and obligations arising from a marriage. Partners will become common law spouses if they cohabit for three years or if the partners live in a relationship of permanence and have a child together. Pursuant to section 29 of the Family Law Act, the three years of cohabitation must be continuous.

A common law spouse in Ontario does not have property rights akin to those of a married spouse. However, a common law spouse can make a claim for unjust enrichment or a constructive trust claim. These claims are made on the basis that one party contributed to the home, for example, through renovations or maintenance, and therefore they should be entitled to the property on that basis.

The rights and obligations of a common law spouse in Ontario regarding custody and child support are similar to those of married spouses. A common law spouse also has similar rights and obligations regarding spousal support as if they were married.

If Clay's divorce were subject to Ontario law, although the pressure from the word "marriage" would be removed from his relationship, the legal obligations of his soon-to-be common law relationship would remain similar, assuming that Clay and Vasquez continue to cohabit.

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