How Long Must You Live Together to Be Common-Law in Newfoundland and Labrador

Many couples live together for years and wonder when the law treats them as common-law. The honest answer is that it depends on the purpose: support, pensions and other benefits can each use a different test.

This article sets out the thresholds that apply under two Newfoundland and Labrador laws, explains where you should check further, and describes the kind of evidence people commonly use to show they lived together.

This article covers the law of Newfoundland and Labrador.

There is no single rule

Common-law time thresholds differ by statute. Being common-law for one purpose does not automatically mean you are for another, so start by asking what you need the status for: spousal support, a pension, or something else.

The Family Law Act does not define "cohabit". That means the question of whether you were living together as a couple can turn on the facts of your relationship.

The Family Law Act: support and property

Under the Family Law Act, 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. Partners claim support under the Family Law Act, and unmarried partners cannot claim under the Divorce 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. A spousal support order must recognize the contribution of the spouse or partner to the relationship, looking at factors such as how long the parties cohabited, age and health, and assets and means.

There is a deadline. No application for spousal or partner support may first be brought under that Part more than 2 years after the day the spouses or partners separate.

Matrimonial asset division is different. The Act's property provisions refer to spouses and to assets acquired "during the marriage". Common-law partners are covered separately by the "partner" definition. How property rules apply to an unmarried couple is a point to confirm with a lawyer.

Pensions and other benefit rules

Under the Pension Benefits Act, 1997, a "cohabiting partner" is someone who cohabited continuously in a conjugal relationship for not less than 3 years where the member has a spouse, or 1 year where there is no spouse.

Other laws, including enforcement rules for support orders and provincial benefit programs such as income support, may have their own definitions and time periods. Those can differ from the two above, so confirm them with the agency or a lawyer before relying on any number.

Evidence of living together

Because "cohabit" is not defined in the Family Law Act, people often rely on a mix of documents and facts to show the relationship. The following are commonly gathered:

• A shared address on a lease, mortgage, driver's licence or bills
• Joint bank accounts, shared expenses or joint tax filings
• Insurance, pension or benefit forms naming each other
• Photographs, messages and statements from friends and family describing the relationship
• Records showing when you moved in together and, if relevant, when you separated

Dates matter. The length of cohabitation is a factor in spousal support, and the 2-year support deadline runs from the day you separate. Keep a clear record of both.

What to do next

• Write down when you started living together and, if applicable, when you separated.
• Note whether you have a child together, since this can shorten the Family Law Act threshold.
• Identify which law or benefit you are dealing with and check its own definition.
• Gather the documents listed above in one place.
• Speak with a lawyer early if a separation has happened, because a support deadline may already be running.

Frequently asked questions