What are my rights when I separate in British Columbia?
This answer covers the law of British Columbia.
Your rights depend on whether the Family Law Act treats you as a spouse, and on what you are asking for. You are a spouse if you were married, or if you lived with someone in a marriage-like relationship for at least 2 years. Without 2 years together, you can still count as a spouse for matters like spousal support if you have a child with the other person, but not for property division.
If you qualify, each spouse is generally entitled to an undivided half interest in family property and is responsible for family debt, unless an agreement or order says otherwise. Property acquired before the relationship, inheritances and third-party gifts are generally excluded, though any increase in value during the relationship can still be divided. Spousal support is not automatic.
Claims about property or debt division, pension division or spousal support under the Family Law Act must generally be started within 2 years, so do not wait. Child support and parenting claims are not subject to that limit. It is very important to speak to a lawyer before you sign anything that settles matters with your spouse.
Key takeaways
- You are a spouse if you were married or lived in a marriage-like relationship for at least 2 years, and having a child together can matter for support.
- Spouses generally share family property and family debt equally, but an agreement or a court order can change that.
- Child support and parenting claims are not subject to the 2-year limit that applies to property, pension and spousal support claims.
- You do not need a lawyer to separate, but it is very important to speak to one before signing a document that settles matters with your spouse.