In brief
In BC you are a spouse under section 3 of the Family Law Act once you have lived together in a marriage-like relationship for a continuous two years, or sooner for support purposes if you have a child together. Spouses generally share the property and debt acquired during the relationship and may claim spousal support. Unmarried spouses generally must start a property or support claim within two years of the date of separation.
- You move in togetherA marriage-like relationship begins
- A child togetherMay make you a spouse for support before two years — not for property
- Two continuous yearsYou are spouses: property, debt and support rights apply
- SeparationNo divorce order needed; the relationship ends when you separate
- Two years after separationDeadline to start a property or support claim; paused while you work with a mediator
"We weren't married, so I have no rights"
It is one of the most common myths in BC family law, and it is wrong. In British Columbia, you do not need a marriage certificate to have legal rights when a relationship ends. Under section 3 of the Family Law Act, you are a spouse if you have lived with your partner in a marriage-like relationship for a continuous period of at least two years. There is no lesser "common-law" category: once you meet the definition, the Act treats you as a spouse.
One nuance: if you have a child together, you may qualify as a spouse for support purposes even before two years of living together. That shorter route does not apply to dividing property or pensions.
What spouse status means for property, debt and support
Being a spouse under the Family Law Act changes what happens when you separate:
- Property. Spouses generally share the property either of you gained during the relationship, no matter whose name it is in. Property you brought into the relationship usually stays yours, but any rise in its value during the relationship may be shared. Our property division page explains how this works in more detail.
- Debt. Debt taken on during the relationship is generally treated the same way: it can be shared between spouses, even if only one name is on the loan.
- Support. A spouse may claim spousal support after separation. Child support is separate: it depends on being a parent, not on being married or living common-law.
Decisions about children (where they live and how you make choices for them) also do not depend on marriage. Our parenting page covers those issues.
How common-law separation differs from divorce
If you are married, only a court order can end the marriage. If you are unmarried spouses, no divorce order is needed; the relationship ends when you separate. That is the main legal difference. The practical issues are the same: parenting arrangements, child support, spousal support, and dividing property and debt all still need to be sorted out.
One difference matters a great deal: timing. Unmarried spouses generally must start a court claim for property division or spousal support within two years of the date of separation. The Family Law Act pauses that clock while you are working with a family dispute resolution professional, such as a mediator, but the deadline is a real one. Getting advice early protects your options.
Cohabitation agreements: preventing the dispute
You do not have to wait for a separation to get clarity. A cohabitation agreement, made while you live together, can set out what happens to property, debt and support if the relationship ends. A clear agreement often reduces conflict later. We prepare and review these as part of our work on family law agreements.
What to do when you separate
If you are separating from a common-law partner, a few steps help:
- Note your separation date. Time limits run from it, and it can affect how property is valued.
- Gather financial records. Statements, tax returns, property documents and loan records will be needed whichever path you take.
- Avoid big financial moves. Do not sign transfers or take on major debt before you understand your position.
- Get legal advice early. The two-year limit for property and support claims makes early advice important.
- Consider resolution outside court. Mediation can resolve many separations without a trial. Sandy Sihota is an accredited family law mediator, arbitrator and parenting coordinator, so we can offer these processes directly.
Frequently asked questions
What makes a relationship "marriage-like"?
The Family Law Act does not give a checklist. Courts look at the relationship as a whole: living under one roof, shared finances, how you presented yourselves to family and friends, and whether you functioned as a couple. No single factor decides it. If your status is unclear, get advice before assuming you have, or lack, rights.
We have a child together but lived together less than two years. Am I a spouse?
You may be, for some purposes. Having a child with your partner can make you a spouse for support claims even without two years of living together. It does not open the door to property or pension division. The two-year requirement still applies there.
Is there a deadline to make a claim after we separate?
Yes. Unmarried spouses generally have two years from the date of separation to start a claim for property division or spousal support. The clock is paused while you take part in family dispute resolution with a family dispute resolution professional. Confirm your timeline with a lawyer as early as you can.
Get clear answers in a free consultation
SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. We practise family law only, and we work in English and Punjabi. A free 30-minute consultation, by phone, video or in person at 3108 Croydon Drive, Suite 201, is a straightforward way to understand where you stand.
Book a free consultation or call (778) 381-9977.
This page is legal information, not legal advice. For advice about your situation, speak with a lawyer.
