- Parenting, support and family-safety rules generally apply to both married and unmarried couples.
- Property and pension division need two years of marriage-like living together, but a child together can still make someone a spouse for support and parenting.
- Unmarried spouses do not need a divorce, and time limits for some claims run from the date of separation.
If you and your partner were never married and you are now separating, you may worry that you have fewer rights, or that the rules for your children are different. For the questions about the children, they are generally not.
This article explains how the Family Law Act treats unmarried parents in British Columbia, where the rules for property and spousal support do differ, and what to do in the first weeks.
This article covers the law of British Columbia.
The rules for children do not depend on marriage
The BC government says the Family Law Act may apply whether or not you were married, and that parenting, support and family-safety rules generally apply to both married and unmarried couples.
In plain words, parenting arrangements cover who makes major decisions about your child and how time is shared between homes. Child support is the financial contribution toward the child's costs. Neither depends on a marriage certificate. The details of how a court or an agreement sets them depend on your family's facts, which a lawyer can walk you through.
Unmarried spouses also do not need a divorce. They resolve property, support and parenting under the Family Law Act.
Who counts as a spouse
A person is a spouse if married, or if they have lived with another person in a marriage-like relationship for a continuous period of at least two years. A spouse includes a former spouse.
There is an exception for couples who lived together less than two years. Outside the property and pension parts of the Act, someone in a marriage-like relationship who has a child with the other person is still a spouse. A child together can therefore make someone a spouse for support and parenting matters, but not for property or pension division.
Where the rules differ from married couples
| Issue | Unmarried couple |
|---|---|
| Parenting and child support | Generally the same as for married couples |
| Spousal support | Can apply to a couple who lived together less than two years if they have a child together |
| Property division | Applies only to couples who lived together in a marriage-like relationship for at least two years; couples can opt out by agreement |
| Pension division | Available only to spouses who meet the two-year test; a child together is not enough |
| Divorce | Not needed |
Spousal support is decided after considering the objectives in the Act, including relieving economic hardship from the breakdown and apportioning the financial consequences of child care. The amount and duration depend on each spouse's circumstances, including how long they lived together.
Time limits and staying in the home
An application for property division, pension division or spousal support must generally be made within two years. For unmarried spouses, the two years run from the date they separated, and the period is suspended while the spouses are in family dispute resolution or a prescribed process. Courts may extend it in some cases, but do not count on that.
Where you will live is often the first practical question. The Supreme Court may order a spouse exclusive occupation of the family residence for a specified period. The order is temporary and does not give a proprietary interest. The court may also postpone a spouse's right to sell or encumber the residence.
You may be separated while still living in the same home. A court can treat one spouse communicating an intention to separate permanently, or acting on it, as evidence of separation.
What to do next
- Write down the date you began living together and the date you separated.
- Keep a record of the current parenting schedule and who pays which child-related costs.
- Gather income information for both parents, such as tax returns and pay statements.
- Avoid selling or moving property while the situation is unsettled; a spouse can ask the court to restrain the disposal of property that is at issue.
- Mark the two-year limit on your calendar and speak to a lawyer about your options.
Frequently asked questions
Do unmarried parents have the same parenting rights as married parents?
Parenting, support and family-safety rules generally apply to both married and unmarried couples. How your family's arrangements are set still depends on your child's needs and your circumstances.
Can I claim spousal support if we lived together for under two years?
Possibly. If you have a child together, you can be a spouse for support purposes even without two years of living together. Whether support is owed depends on the factors in the Act.
Will I share property if we only have a child together?
Not on that basis alone. Property division applies to couples who lived together in a marriage-like relationship for at least two years. A child together is not enough for pension division either.
Do we need to go to court?
Not necessarily. Spouses can make agreements, and the time limit is suspended while they are in family dispute resolution. A lawyer can explain which route suits your situation.
Sources
- Family Law Act, SBC 2011, c. 25, s. 3 (BC Laws) — bclaws.gov.bc.ca
- gov.bc.ca – Does the Family Law Act apply to me? — www2.gov.bc.ca
- gov.bc.ca – Common-law property and debt — www2.gov.bc.ca
- Family Law Act ss. 92–93 — bclaws.gov.bc.ca
- Family Law Act s. 198 — bclaws.gov.bc.ca
- Family Law Act s. 160 — bclaws.gov.bc.ca
- Family Law Act Part 6 (s. 111) — bclaws.gov.bc.ca
- Divorce Act (Justice Laws), s. 3(1) — Justice Laws (federal)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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