Do Common-Law Partners Get Spousal Support in Manitoba?

Ending a common-law relationship raises the same money questions as a divorce, including whether one partner can claim support. In Manitoba, the answer often depends on how long you lived together and whether you have a child.

You may still see the Family Maintenance Act mentioned online, but it was repealed on July 1, 2023 and replaced by The Family Law Act. Orders made under the old Act stay in force.

This article covers the law of Manitoba.

Who counts as a common-law partner

Under The Family Law Act, a common-law partner is a person not married to the other 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), or who has registered a common-law relationship under The Vital Statistics Act.

Registering is voluntary. Partners who registered, or who lived together one year with a child or three years without one, have the same rights under The Family Law Act as married spouses.

The support rules that apply

Because the rights match those of married spouses, the same support provisions apply. Partners have a mutual duty to contribute reasonably to each other's support, and after separation each must take all reasonable steps to become financially independent. A court may order one to provide support for the other.

The court considers all circumstances, including the length of the relationship, roles during cohabitation, financial means and earning capacity, needs, impairment of earning capacity from the relationship, steps toward independence and any prior agreements. Housekeeping and child care count as contributions, and conduct is not considered. Support can be ordered as a lump sum or periodically, for an indefinite or limited period or until a specified event occurs, and an order can be varied, suspended or terminated on a change in circumstances.

Property is a separate question

Different statutes use different tests. The Family Property Act defines a common-law partner as a person who registered or who cohabited in a conjugal relationship for at least three years, and the definition shown does not include the one-year-with-a-child shortcut that The Family Law Act has. Whether that shortcut applies to property is worth confirming with a lawyer.

Once the definition is met, common-law partners are covered by the equal-sharing accounting under The Family Property Act on the same footing as spouses. The court may alter equal sharing of family assets only if equalization would be grossly unfair or unconscionable, and of commercial assets if it would be clearly inequitable. A generally excluded group is couples who had cohabited three years and separated before s. 2.1 came into force, unless they resumed cohabiting under the conditions the Act sets.

If you and your partner have a common-law relationship agreement, assets it addresses may fall outside the Act, but assets it does not address remain subject to the Act.

Agreements and the family home

• If a partner released the other from support or accepted a set amount in a written agreement, the court generally cannot order support, except for default, support that was inadequate when the agreement was made, or the releasing partner now needing public assistance.
• The Homesteads Act applies to persons in common-law relationships, and homestead rights exist whether or not the non-owner is on title.
• An owner may not dispose of the homestead during the owner's lifetime unless the spouse or common-law partner consents in writing in the prescribed form.

If support is ordered but not paid

The Maintenance Enforcement Program is part of the Family Resolution Service. It enforces court-ordered support, Child Support Service decisions, family law arbitration awards and some written agreements under The Family Support Enforcement Act, and it receives and monitors payments and acts on arrears. Enrolling is optional unless the recipient receives social assistance and assigned payments to it, and those recipients cannot opt out.

The program first works with the payor to get voluntary payment. If payments are not received as required, enforcement action could be taken, and the director chooses which action fits each case. Tools include:

• A support deduction notice, which is a form of garnishment.
• Suspension of an MPI licence or registration.
• Credit bureau reporting.
• Liens on land and personal property.

The program cannot guarantee payment or change an order's payment terms, and it will not give you the other party's personal information. Its phone number is 204-945-7133.

What to do next

• Work out your dates: when you began living together and when you separated
• Note whether you registered the relationship or have a child together
• Gather income records, tax returns and any written agreement
• Ask a lawyer about time limits, since they differ by claim and should be confirmed for your situation
• Get independent legal advice before signing any agreement

Frequently asked questions