- In British Columbia, you are generally a spouse if you are married or have lived together in a marriage-like relationship for at least 2 years.
- A child together can make you a spouse for support and parenting, but not for property or pension division.
- Once you meet the 2-year test, the relationship is counted from the day you began living together.
Many people live with a partner for years without being sure what the law calls them. The words "common-law" are used everywhere, but the Family Law Act uses the word spouse, and the test for who counts is more specific than most people expect.
This article explains when British Columbia law treats an unmarried couple as spouses, how the child-together rule works, and why the answer can differ for support than for property. Your situation turns on its facts, so a lawyer can confirm how the rules apply to you.
This article covers the law of British Columbia.
The basic two-year test
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. Both parts matter: the relationship must be marriage-like, and the 2 years must be continuous.
The Act also says a spouse includes a former spouse. So the label does not disappear the moment you separate, and it can matter for claims made afterward.
Once you pass the 2-year mark, the relationship is counted from the date you began living together in a marriage-like relationship, not from day 731. If you married, it is counted from the earlier of the start of cohabitation and the date of marriage.
When a child changes the answer
A couple who have lived together in a marriage-like relationship for less than 2 years can still be spouses if they have a child together. This applies outside Part 5 (Property Division) and Part 6 (Pension Division) of the Act.
In practical terms, a child together can make someone a spouse for support and parenting matters, but not for property or pension division. The BC government also confirms that spousal support can apply sooner than property division.
What counts as a marriage-like relationship
The Act does not set out a fixed checklist of proof for a marriage-like relationship, so courts look at the evidence case by case. Sharing a home is often part of the picture, but it is not the only thing people point to.
- Whether you presented yourselves as a couple to family and friends
- How you shared money, bills and household tasks
- Whether you lived together continuously, or with long gaps
- Whether you made plans together, such as buying a home or raising children
These are general examples of the kind of evidence people gather, not a legal test. Disagreements about the start date or the nature of the relationship are common, and a lawyer can help you assess the evidence.
Why the label matters
Being a spouse opens the door to several kinds of claims. The table below shows how the 2-year test and the child-together rule line up.
| Issue | Spouse after 2 years | Under 2 years with a child |
|---|---|---|
| Parenting and support | Rules generally apply | Treated as spouses outside Parts 5 and 6 |
| Spousal support | Can apply | Can apply |
| Property division | Rules apply, unless you opted out by agreement | Not available |
| Pension division | Available under Part 6 | Not available; a child alone is not enough |
The label also matters if a partner dies without a will. For intestacy, two people are spouses if both were alive immediately before the relevant time (generally death) and either were married or lived in a marriage-like relationship for at least two years. People cease to be spouses if, in a marriage-like relationship, one or both terminate the relationship.
What to do next
- Write down the date you began living together and any periods apart
- Gather records that show a shared life, such as leases, joint accounts and photos
- Note the date you separated, if you have, and how it was communicated
- Check whether you have a child together, as this affects support and parenting
- Speak with a lawyer if the start date or the nature of the relationship is disputed
Frequently asked questions
Do we have to live together for two years to be common-law in BC?
For property and pension division, yes: the Family Law Act requires a continuous period of at least 2 years in a marriage-like relationship. For support and parenting, a couple with a child together can be spouses even if they have lived together for less than 2 years.
Does a child together make us spouses for property too?
No. A child together can make you spouses for support and parenting matters, but not for property or pension division. Property division rules apply to unmarried couples who have lived together in a marriage-like relationship for at least two years.
Is there a registration or certificate for a common-law relationship?
The Family Law Act says a person is a spouse if they are married or have lived in a marriage-like relationship for a continuous period of at least 2 years. Whether any registration or certificate matters in your situation is worth confirming with a lawyer. Because courts assess the evidence case by case, keeping records of your shared life is the practical step.
Does the two years have to be unbroken?
The Act refers to a continuous period of at least 2 years. If you have lived apart for stretches, the outcome depends on the facts, so it is worth getting advice.
Sources
- Family Law Act, SBC 2011, c. 25, s. 3 (BC Laws) — bclaws.gov.bc.ca
- gov.bc.ca – Does the Family Law Act apply to me? — www2.gov.bc.ca
- gov.bc.ca – Common-law property and debt — www2.gov.bc.ca
- Family Law Act s. 160 — bclaws.gov.bc.ca
- Family Law Act Part 6 (s. 111) — bclaws.gov.bc.ca
- Wills, Estates and Succession Act, SBC 2009, c. 13, s. 2 — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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