Do Common-Law Partners Pay Spousal Support After a Breakup in NL?

When a common-law relationship ends, one of you may be worried about money. You may wonder whether you can ask for support, or whether you could be asked to pay it. The answer depends on how long you lived together and what each of you gave up or gained during the relationship.

In Newfoundland and Labrador, unmarried partners and married spouses use different laws. This article explains who qualifies, how a court decides, the time limit, and the practical steps to take.

This article covers the law of Newfoundland and Labrador.

Which law applies to common-law partners

The Divorce Act applies only to married spouses, so unmarried partners cannot claim under it. Common-law 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, to the extent they are capable of doing so. That obligation is the starting point for any claim.

The cohabitation requirement

The Family Law Act uses the word 'partner' for people who lived together outside marriage. A partner is one of two persons who cohabited 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.

The Act does not define 'cohabit'. Whether your relationship was conjugal depends on the facts, so a lawyer can help you assess your situation.

Other laws set different thresholds. For example, the Pension Benefits Act, 1997 uses 3 years where the member has a spouse, or 1 year where there is no spouse. Do not assume the support threshold applies to other benefits or programs.

How support is decided

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

• the length of time the parties cohabited
• age and health
• assets and means
• capacity to provide support
• the effect on earning capacity of responsibilities assumed during cohabitation

Support is not automatic, and there is no set formula in the facts above. A shorter relationship, or one where both partners can support themselves, may lead to a different result than a long one where one partner stepped back from work.

The time limit and where to apply

No application for spousal or partner support may first be brought under that Part of the Family Law Act more than 2 years after the day the spouses or partners separate. Waiting can therefore end your claim.

The Family Division of the Supreme Court exercises jurisdiction over spousal and partner support, among other family matters. In the expanded service area, from Holyrood to Port Blandford, residents can choose either the Family Division or the Provincial Court for support applications under the Family Law Act.

If you both agree on support, a separation agreement must be in writing, signed by the parties and witnessed to be enforceable. A signed agreement on support generally displaces the Act's default rules for that matter. A court may set a domestic contract aside if a party failed to disclose significant assets, debts or other liabilities, or did not understand the nature or consequences of the contract.

What to do next

• Write down the date you separated, since the 2-year limit runs from that date.
• Record how long you lived together and whether you have a child together.
• Gather income, tax and asset information for both of you, as full disclosure matters in any agreement.
• Consider whether you want an agreement or a court application, and do not sign anything you do not understand.
• Speak with a lawyer early to confirm whether you qualify and how the time limit applies to you.

Frequently asked questions