Can a Common-Law Partner Claim Spousal Support in Manitoba?

If you relied on a partner's income while you lived together, the end of the relationship can leave you worried about money. Many people in that position ask whether they can claim support even though they never married.

In Manitoba, the answer depends on whether you meet the legal definition of a common-law partner and on the facts of your relationship. This page explains the current law, what a court considers, and why you should check time limits early.

This article covers the law of Manitoba.

Which law applies: The Family Law Act, not the Family Maintenance Act

You may see older information that refers to The Family Maintenance Act. That Act was repealed on July 1, 2023. Spousal support rights and duties are now in The Family Law Act, and enforcement of support is in The Family Support Enforcement Act. Orders made under the old Act stay in force.

If a website or form still refers to the old Act, treat it as out of date and confirm the current rules.

Who counts as a common-law partner

Under The Family Law Act, a common-law partner is a person who is not married to the other and who has cohabited in a conjugal relationship for at least three years, or at least one year if they are together the parents of a child. A couple who registered their common-law relationship under The Vital Statistics Act also qualifies.

Registering is voluntary. Partners who registered, or who lived together for the required period, have the same rights under The Family Law Act as married spouses.

Be aware that other Manitoba laws use different tests. The Family Property Act and The Homesteads Act define a common-law partner as someone who registered under The Vital Statistics Act or who cohabited in a conjugal relationship for at least three years, but whether a shorter period applies to property in your situation is worth confirming with a lawyer. You may qualify for support but face a different question on property, so get advice on both.

What a court considers

Spouses, and so common-law partners who qualify, have a mutual duty to contribute reasonably to each other's support. After separation, each must take all reasonable steps to become financially independent of the other.

On application, a court may order one partner to support the other. It must consider all the circumstances, including:

• the length of the relationship and each person's roles during it
• financial means and earning capacity, and each person's needs
• any impairment of earning capacity caused by the relationship
• steps taken toward independence
• other support duties, earlier orders and agreements, and property division

Housekeeping, child care and other domestic service done for the family count as a contribution. Conduct is not considered in deciding whether to order support.

There is no fixed formula or maximum length. Support can be a lump sum or periodic payments, for an indefinite or limited period, or until a set event happens. An order can later be varied, suspended or ended if circumstances change.

Time limits and agreements

How long you have to bring a common-law support claim depends on your situation, so do not assume you have plenty of time. Speak with a lawyer soon after separation to confirm what applies to you.

Property claims have clearer deadlines. For common-law partners, an application under The Family Property Act must be made within 60 days from registration of the dissolution if it was registered, or within three years from when the partners began to live separate and apart if it was not.

Also check for any written agreement. If a partner released the other from support or accepted a set amount in a written agreement, the court generally cannot order support. The exceptions are default under the agreement, support that was inadequate when the agreement was made, or the releasing partner now needing public assistance. Agreements are binding contracts, so independent legal advice matters.

What to do next

• Write down when you began living together, when you separated, and whether you have children together.
• Note whether you ever registered the relationship under The Vital Statistics Act.
• Gather income records, financial statements and any written agreement.
• Record the unpaid work you did for the household, such as child care and housekeeping.
• See a lawyer promptly about both support and property deadlines.
• If an order is made and payments stop, the Maintenance Enforcement Program can enforce court-ordered support.

Frequently asked questions