Can a Common-Law Partner Get Spousal Support in Newfoundland and Labrador?

If you lived with a partner for years without marrying, you may wonder whether the end of the relationship leaves you with any right to support. Many people assume that only married couples can ask for it, or that living together automatically gives the same rights as marriage.

In Newfoundland and Labrador, the answer depends on how long you lived together, whether you have a child together, and how quickly you act. This article explains who qualifies, which law applies, what a court looks at, and where a claim is heard.

This article covers the law of Newfoundland and Labrador.

Who counts as a partner

The Family Law Act uses the word partner for unmarried couples. A partner is one of two persons who lived together in a conjugal relationship outside marriage for at least 2 years, or at least 1 year if they are together the biological or adoptive parents of a child.

Spouse is a separate term. It includes married persons, and also people who went through a void form of marriage in good faith and are cohabiting or have cohabited within the preceding year. Common-law partners are covered by the partner definition instead. The Act does not define what it means to cohabit, so how a couple actually lived can matter.

Other laws set their own thresholds. The pension legislation, for example, uses different time periods for a cohabiting partner, so do not assume one number applies everywhere.

Why the Family Law Act applies and not the Divorce Act

The Divorce Act applies only to married spouses, so unmarried partners cannot claim under it. Partners claim support under the Family Law Act instead.

Under that Act, each spouse or partner has an obligation to provide support for themselves and for the other spouse or partner, to the extent they are capable of doing so. This is a mutual duty. It does not mean support is automatic in every case. It means a person who needs support can ask a court to consider the claim.

What a court looks at

A spousal support order must recognize the contribution of the spouse or partner to the relationship. The factors include:

• How long the parties lived together.
• Each person's age and health.
• Each person's assets and means.
• Each person's capacity to provide support.
• The effect on earning capacity of responsibilities taken on during the relationship.

In practice, this often means looking at whether one partner reduced paid work to care for children or the home, and how that affects their ability to support themselves now. Every situation is different, and a lawyer can tell you how these factors may apply to yours.

The 2-year deadline and written agreements

No application for spousal or partner support may first be brought under that Part of the Act more than 2 years after the day the partners separate. This is a strict limit, so do not wait to find out where you stand.

You and your former partner can also settle support by agreement. People who cohabited in a conjugal relationship and are living separate and apart may enter into a separation agreement. A domestic contract is unenforceable unless it is in writing, signed by the parties and witnessed. A domestic contract on a matter the Act also covers prevails over the Act unless the Act provides otherwise, so a signed agreement on support generally displaces the Act's default rules.

An agreement is not always final. A court may set aside a domestic contract if a party failed to disclose significant assets, debts or other liabilities, or did not understand the nature or consequences of the contract. It may also do so on general contract-law grounds. For that reason, a separation agreement should include full financial disclosure.

Which court hears the claim, and what to do next

The Family Division of the Supreme Court exercises jurisdiction over almost all family law matters, including spousal and partner support. It has exclusive jurisdiction in the East Coast judicial area and the West Coast judicial area. In the expanded service area, from Holyrood to Port Blandford, including the Bonavista Peninsula, residents can choose either the Family Division or the Provincial Court for support applications under the Family Law Act. In areas where the Family Division does not operate, the General Division of the Supreme Court also exercises jurisdiction over some family matters.

• Write down the date you separated, and count 2 years from it.
• Gather proof of how long you lived together and whether you have a child together.
• Collect income, asset and debt records for both of you.
• Note how work and caregiving were divided during the relationship.
• Do not sign an agreement until you understand it, and make sure it is in writing, signed and witnessed.
• Speak with a lawyer early, especially if you are near the 2-year mark.

Frequently asked questions