- In British Columbia, a person who has lived in a marriage-like relationship for at least 2 years counts as a spouse under the Family Law Act.
- For spousal support only, an unmarried partner under 2 years can still qualify if the couple has a child together.
- Unmarried partners claim spousal support under the Family Law Act, not the Divorce Act.
Many couples live together for years without marrying. When that relationship ends, one partner may be left financially worse off and wonder whether they have any right to support.
In British Columbia, unmarried partners can have rights similar to married spouses, but only if they fit the legal definition of a spouse. This article explains that definition, the two-year rule, and how cohabitation is proven.
This article covers the law of British Columbia.
Who counts as a spouse in BC
Under the Family Law Act, a person is a spouse if they are married to another person, or have lived with another person in a marriage-like relationship for a continuous period of at least 2 years. Because the definition turns on how the relationship worked in practice and how long it lasted, your own dates and circumstances matter, and a lawyer can confirm how the definition applies to you.
A spouse also includes a former spouse, so a person can claim support after the relationship has ended.
The two-year rule and the child exception
The general rule is at least 2 years of continuous marriage-like cohabitation. For spousal support, there is an exception: an unmarried partner who has not reached 2 years can still qualify as a spouse if the couple has a child together.
That child alternative does not apply to property division or pension division. So a partner of under two years with a child might claim spousal support but not share in property in the same way.
| Claim | Does the child alternative help? |
|---|---|
| Spousal support | Yes, a couple under 2 years with a child together can qualify |
| Property division | No |
| Pension division | No |
Which law applies to unmarried partners
The Divorce Act applies only to married or formerly married spouses seeking a divorce-related order. Unmarried partners in BC claim spousal support under the Family Law Act.
Once someone qualifies, the same support framework applies. If a spouse is entitled to support after considering the statutory objectives, the other spouse has a duty to provide it, and the amount and duration are set having regard to each spouse's condition, means, needs and other circumstances, including how long they lived together and the functions each performed. The objectives include recognizing economic advantages or disadvantages from the relationship, relieving hardship and promoting self-sufficiency. Fault is generally not considered.
Proving a marriage-like relationship
Because there is no marriage certificate, the start and end dates of the relationship are often the main issue. Spouses can be separated while still living in the same residence, and a court may treat as evidence of separation a spouse's communication of an intention to separate permanently, or an action showing that intention. This is relevant to proving when the relationship began and ended.
Evidence people commonly gather includes the following. Which of it matters depends on the facts.
- Leases, mortgages or property records showing a shared address.
- Joint bank accounts, bills, insurance or benefit records naming each other.
- Tax filings, travel records and messages that show how you presented yourselves.
- Statements from friends and family who knew you as a couple.
- Messages or emails that show when one of you said the relationship was over.
What to do next
Watch the deadline. A spousal support proceeding for spouses in a marriage-like relationship must be started within 2 years after the date of separation. This limit is paused while the spouses are in family dispute resolution with a professional or in a prescribed process. Because the separation date can be disputed, it is worth settling it early.
- Write out a timeline: when you moved in together, any breaks, and when you separated.
- Gather the documents listed above that support your timeline.
- Record whether you have a child together and who cares for the child.
- Collect income information for both of you.
- Get legal advice on how the rules apply to your dates, especially if you are close to the 2-year mark.
Frequently asked questions
Do common-law partners in BC have the same spousal support rights as married people?
If you meet the Family Law Act definition of spouse, you can claim spousal support under that Act. The support rules for amount and duration are the same Family Law Act provisions. The difference is that you must show the marriage-like relationship.
What if we lived together for less than two years?
For spousal support, you can still qualify as a spouse if you have a child together. That exception does not apply to property or pension division.
Can we be separated while living in the same home?
Yes. Spouses can be separated while living in the same residence, and a court may treat a clear communication of an intention to separate permanently, or an action showing it, as evidence of separation.
Is there a deadline to apply?
A spousal support proceeding for spouses in a marriage-like relationship must be started within 2 years after separation. The limit is paused during family dispute resolution with a professional or a prescribed process.
Sources
- Family Law Act, SBC 2011, c 25, s. 3(1) — bclaws.gov.bc.ca
- Divorce Act, RSC 1985, c 3 (2nd Supp), s. 2(1) — Justice Laws (federal)
- Family Law Act, Part 7, s. 160 — bclaws.gov.bc.ca
- Family Law Act, s. 198(2) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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