We lived together for less than three years but have a child. Can I still claim support?
Yes. Under the Family Law Act, the three-year cohabitation requirement is waived if you and your partner are in a relationship of some permanence and have a child together. If you have a child with your former partner, you can claim spousal support even if you did not live together for a full three years.
The "some permanence" standard requires more than a casual relationship but does not require formal commitment or cohabitation for any fixed period. Courts look at the nature of the relationship, the intentions of the parties, and the extent to which it resembled a spousal partnership.
Note that spousal support and child support are separate claims. You are already entitled to child support as a parent regardless of your relationship's length or formality. But if you also suffered economic disadvantage from the relationship — for example, by reducing your work to care for the child — you may have a separate spousal support claim as well. A lawyer can help you understand both claims and how they interact.
Key takeaways
- Having a child together qualifies you for spousal support even without three years of cohabitation.
- The relationship must have been of "some permanence" — not just casual.
- Spousal support and child support are separate claims that can be pursued together.
- Speak with a lawyer to understand both claims and how they are calculated together.