Changing Names, Benefits and Accounts After Separating in British Columbia

After separating, there is a long list of things that may need updating: bank accounts, beneficiaries, health coverage, tax details and insurance. It is easy to feel you must change everything at once.

Many of these steps depend on the terms of the plan, policy or account involved, so this article focuses on how to approach them and which changes to pause until you have advice.

This article covers the law of British Columbia.

Start with your separation date

There is no such thing as a legal separation. If a couple in a marriage or marriage-like relationship stops living together, they are separated, and they can be separated under one roof if a clear intention of permanent separation has been communicated and acted upon.

The Family Law Act also says spouses may be separated despite living in the same residence, and a court may consider evidence such as one spouse telling the other of an intention to separate permanently. Many forms ask for a separation date, so decide on it and keep a record of how it was communicated.

Items to review

The rules for each item below come from the plan, policy or institution, and from your own situation. Check with the provider, an accountant or a lawyer before assuming a change is simple or safe.

What not to change yet

• Do not sell, give away or move family property without advice. On separation each spouse has a right to an undivided half interest in all family property, subject to any agreement or order, and a spouse can be restrained from disposing of property at issue.
• Do not sign a settlement before you understand it. A lawyer is not required to make an agreement, but BC government guidance says it is very important to speak to one before signing a document that settles matters with a spouse.
• Do not assume that moving out ends your role as a parent. Each parent who lived with the child is a guardian, including after separation, and moving out does not itself end guardianship.
• Do not run up new debt without thinking it through. Debts incurred after separation count as family debt only if incurred to maintain family property.

If you plan to move with a child while a written agreement or order is in place, a guardian must give at least 60 days' written notice where the move can significantly affect the child's relationship with another guardian.

What to do next

• Write down your separation date and how it was communicated.
• Make a list of accounts, plans, policies and beneficiary designations, with contact details for each.
• Take copies of statements and policy documents before changing access.
• Ask each provider, and an accountant if needed, what separation means for that item.
• Speak to a lawyer before changing anything that could affect property, debt, support or parenting.
• Keep copies of any agreement; a separation agreement does not have to be filed or registered with a court to be binding.

Frequently asked questions