Types of Relationships

Common-law relationship is the term many people use to describe unmarried couples who live together for a certain period of time in a marriage-like relationship. But it’s not a term used in the BC Family Law Act or the federal Divorce Act. These laws just call them spouses.

Who a spouse is

Under BC law, you’re a spouse if you:

• marry another person, or
• live with someone in a marriage-like relationship for at least two years, or
• have lived with someone for less than two years and have a child together. In this case, though, you aren’t considered a spouse when it comes to division of property, debt, or pensions.

This means couples who have lived together for more than two years have the same rights and responsibilities as married couples. Spouses can be in same-sex or opposite-sex relationships.

Married spouse

You are a married spouse if you had a legal marriage ceremony (religious or civil). You stay married until one spouse dies or applies in BC Supreme Court for a divorce or annulment to legally end the marriage.

Unmarried spouse
If you lived together in a marriage-like relationship for two years or more	If you lived in a common-law relationship for less than two years and have a child together
BC family law says you and your partner are spouses in all areas of family law, including spousal support and dividing property, debt, and pensions. Many people call this a common-law or unmarried spousal relationship. In this resource, we’ll call this a common-law relationship or living common-law.	BC family law says you and your partner are spouses in the areas of parenting, child support, and spousal support, but not when it comes to dividing property, debt, or pensions. Laws about parenting arrangements and child support apply to all parents no matter what their living arrangements have been.

More about spouses

Unmarried spouses who live together never automatically become legally married. Under some federal laws, such as for Old Age Security pension and the spouse’s Allowance, you’re treated as a spouse if you live with your partner for one year or more. Some married people separate and then decide to live with someone else (even though they’re not divorced). Under BC family law, if you live with your new partner in a common-law relationship for at least two years, you’re considered an unmarried spouse of your new partner — even if you’re still legally married to someone else. Married spouses who separate must apply to BC Supreme Court for a divorce order. There is no automatic divorce, no matter how long you are separated.

Which laws apply

The two laws you need to know about are the BC Family Law Act and the federal Divorce Act.

BC Family Law Act	Divorce Act
Applies if you’re married/​unmarried	Applies only if you’re married

The two courts in BC that can make court orders about family law matters are the BC Provincial Court and Supreme Court.

See the chart Which court to go to that explains which court you go to if you want a judge to make an order about a family law issue.