When Does a Common-Law Partner Count as a Spouse in BC?

When a relationship ends, one of the first questions is whether the law treats you and your partner as spouses. In British Columbia the answer decides whether you can claim a share of property, ask for spousal support, or are bound by deadlines that apply to spouses.

This article explains how the Family Law Act defines a spouse, how the child exception works, when a relationship begins, and why the label matters after separation. It is general information, not advice on your situation.

This article covers the law of British Columbia.

The basic rule: marriage or two years together

Under section 3(1) of the Family Law Act, you are a spouse if you are married, or if you have lived with another person in a marriage-like relationship for a continuous period of at least 2 years. BC government guidance says the same about property division: the rules apply to couples who have lived in a marriage-like relationship for at least two years.

Whether a relationship is marriage-like depends on the facts of how you lived. If the details are unclear, it is worth confirming with a lawyer how this applies to your situation.

The exception for couples with a child

Outside Parts 5 (property division) and 6 (pension division), an unmarried person who has lived in a marriage-like relationship and has a child with the other person is a spouse even without 2 years together. In practice, a couple living together for less than two years can qualify for spousal support if they have a child together.

That exception does not reach property or debt division. For those claims, the two-year requirement still applies.

When the relationship starts and who counts after separation

A relationship between spouses begins on the earlier of the date they began to live together in a marriage-like relationship or the date of their marriage. This matters for counting the two years and for working out what belongs to the relationship.

A spouse also includes a former spouse. So you do not stop being a spouse for the purposes of the Act just because you have separated.

Why spouse status matters

• Spouses are both entitled to family property and responsible for family debt, and on separation each has a right to an undivided half interest in all family property, subject to any agreement or order.
• Spouses can make an agreement for a different split instead of the default equal division.
• Under the Family Law Act, claims for property or debt division, pension division or spousal support must be started within 2 years. A married person claiming spousal support under the federal Divorce Act has no time limit. A spouse may also apply to set aside a property or spousal support agreement within 2 years after discovering, or reasonably ought to have discovered, the grounds, and the time stops running during family dispute resolution.
• For unmarried spouses in a marriage-like relationship, that two-year period runs from the date they separated. For married spouses it runs from the divorce judgment.

Not every spouse gets spousal support, since it is not a right in every case. Child support and parenting claims are not subject to the two-year limit, and each parent and guardian has a duty to provide support for a child.

Family Law Act or Divorce Act?

The Family Law Act applies to married and unmarried spouses for property, debt, support and children. The federal Divorce Act applies only to married spouses and governs divorce, along with its own support and parenting orders. Only the BC Supreme Court can grant a divorce.

So if you are unmarried, there is no divorce to apply for. Your claims are made under the Family Law Act.

What to do next

• Write down the date you began living together and the date you separated.
• Note whether you have a child together, since that affects spousal support.
• Mark a calendar date two years after separation for property or spousal support claims.
• Gather records of property, debts and income for both of you.
• Speak to a lawyer before signing any agreement that settles matters with your former partner, since BC government guidance recommends independent legal advice.

Frequently asked questions