When Do Common-Law Partners Count as Spouses in BC?

If you have lived with a partner for years without marrying, you may wonder whether the law treats you like a married couple when the relationship ends. In British Columbia the answer is often yes, but it depends on how long you lived together and on what you are trying to claim.

This article explains the two-year rule, the exception for couples with a child, how the start of the relationship is set, and the deadlines that matter. It is general information, not advice about your own situation.

This article covers the law of British Columbia.

The basic two-year rule

Under the Family Law Act, a person is a spouse if they are married, or if they have lived with another person in a marriage-like relationship for a continuous period of at least 2 years. How this applies if you lived apart for stretches, or moved in and out of the home, depends on your situation, so it is worth confirming with a lawyer.

The BC government describes the same idea this way: the property division rules apply to couples who have lived in a marriage-like relationship for at least two years. Once you meet the test, the Family Law Act applies to married and unmarried spouses alike for property, debt, support and children.

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

The exception for couples who have a child

There is an important exception. Outside the parts of the Act dealing with property division (Part 5) and pension division (Part 6), 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. The BC government gives spousal support as the example: a couple together for less than two years can qualify if they have a child together.

That exception does not carry over to dividing property or debt. For those claims the two-year rule still applies. The table below shows the difference.

Being a spouse is only the first step. Spousal support is not automatic, and unlike child support it is not a right in every case.

When the relationship starts and when you are separated

The 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 because it affects how long the relationship was, and family debt includes financial obligations a spouse took on from the start of the relationship until separation.

There is no such thing as a legal separation. If a couple in a marriage-like relationship stops living together, they are separated. You can also be separated while living in the same home. The Act says spouses may be separated despite continuing to live in the same residence, and a court may consider evidence such as one spouse telling the other they intend to separate permanently.

Because your separation date can start a deadline, it is sensible to write down when and how you communicated that the relationship was over.

Which law applies, and the deadlines

The Family Law Act covers both married and unmarried spouses. The federal Divorce Act applies only to married spouses and governs divorce. An unmarried couple therefore does not need a divorce, though only the Supreme Court can grant one for those who are married.

As a general rule, claims for property or debt division, pension division or spousal support must be started within 2 years. For married spouses the period runs from the divorce judgment, and for unmarried spouses in a marriage-like relationship it runs from the date they separated. There are exceptions: a spouse can apply to set aside a property or spousal support agreement within 2 years after first discovering, or reasonably ought to have discovered, the grounds; the 2-year limit does not apply to spousal support reviews under sections 168 or 169; and the time stops running during family dispute resolution or a prescribed process. A married person claiming spousal support under the Divorce Act has no time limit, while the two-year limit applies under the Family Law Act.

Child support and parenting claims are not subject to that two-year limit. Time limits can have exceptions, so confirm yours as early as you can.

What to do next

• Work out the date you began living together in a marriage-like relationship, and whether you lived together continuously for 2 years.
• Write down your separation date and how it was communicated.
• Note whether you and your partner have a child together, since that can affect support claims.
• Mark your two-year deadline on a calendar: if you are unmarried it generally runs from your separation date, and if you are married it generally runs from the divorce judgment.
• Gather records of property, debts, income and any written agreements.
• Speak with a lawyer before signing any document that settles matters with your partner.

If there is any dispute about whether you lived together continuously or when you separated, a lawyer can review the facts with you.

Frequently asked questions