Common-Law Couples: Entitled To Government Benefits?

If you are in a common-law relationship, you may be entitled to certain benefits. This includes social assistance or disability benefits, as well as employment benefits such as prescription medication, life insurance and dental work. In Canada, you can also apply to extend your public service pension benefits and group insurance coverage to your common-law partner. However, it is important to note that the requirements for receiving benefits as a common-law couple vary depending on the specific benefit and the region. For example, some employment benefit plans require common-law spouses to have lived together for a certain period of time, such as six months, one year, three years or five years.

Common-law spouse's employment benefits

Unlike married couples, common-law partners in British Columbia don't automatically qualify for their partner's employer-provided benefits. The availability of coverage depends on the specific design of the group benefit plan offered by the employer.

Some employer benefit plans in BC may extend coverage to common-law spouses, but this is not guaranteed. Potential benefits could include extended health coverage for essential medical services, including prescription medication, doctor visits, and specialist consultations. Dental care for preventive care, cleanings, and potentially even major dental procedures. Life insurance will provide financial security for your partner and family in the event of your passing. Dependent coverage for children of common-law partners (depending on the plan).

To be eligible for these benefits, common-law partners must meet the criteria established by their partner's employer. These criteria can differ significantly between plans. Some plans offer coverage after a relatively short cohabitation period, such as six months, while others require a longer duration, like one to five years of living together.

If you are considered a common-law spouse under your spouse's employee benefit plan, you may be entitled to benefits that would cover the cost of things such as prescription medication, life insurance and dental work. It is important to know that the end of a relationship involves serious legal and financial matters, such as benefits, which must be negotiated and finalised.

Common-law status and pensions

If you live with a person in a conjugal relationship for a continuous period of one year, you are legally considered to be in a common-law relationship. This can impact your pension, as you can apply to extend your public service pension benefits and group insurance coverage to include your common-law partner. You can also change your level of coverage to satisfy your insurance needs, for example, by switching from single-level to family-level coverage to extend your coverage to your common-law partner.

If your marital status has changed to married or common-law, you can update your pension, benefits coverage and pay information. The Pension Centre recommends that you provide this information soon after your marital status changes or you enter a relationship of a conjugal nature. This is so that in the event of your death, the Pension Centre can provide benefits to your survivor(s) more quickly.

Common-law status and social assistance

If you are considered to be a common-law spouse under your spouse’s employee benefit plan, you may be entitled to benefits that would cover the cost of things such as prescription medication, life insurance and dental work. However, the rules and eligibility requirements vary depending on the plan. Some employment benefit plans permit common-law spouses to share in the plan if they have been living together for only six months; other plans may require that spouses have lived together for one, three or five years.

Across Canada, eligible low-income individuals may be able to receive social assistance (income support) under provincial and territorial programs. In most cases, the rules and eligibility requirements to receive benefits are the same for married couples and common-law couples. If you are living in a common-law relationship, you must inform the government office responsible for administering the program. You must include your common-law spouse’s income on your application for benefits. In most cases, the income and assets of both you and your partner will be considered to determine if you can receive assistance, either as an individual or as a couple.

If you live with a person in a relationship for a continuous period of 1 year, you are legally considered to be in a common-law relationship and can apply to extend your public service pension benefits and group insurance coverage to include your common-law partner.

Common-law status and disability benefits

In Ontario, eligible low-income individuals may be able to receive social assistance under Ontario Works (OW) and the Ontario Disability Support Program (ODPS). The rules for OW and ODSP are the same for married couples and common-law couples. If you are living in a common-law relationship, you must inform OW or ODSP. You cannot receive benefits as a single person. You must include your common-law spouse’s income on your application for benefits. OW and ODSP will look at the income and assets of both you and your partner to decide if you qualify to receive assistance as a couple.

To receive OW or ODSP benefits as part of a common-law couple, you must meet the definition of a spouse. You are considered a spouse if: you have lived with someone for at least three months, and you have lived with someone as a couple (not as two single people), and one of you supports the other financially, or you are both financially interdependent (such as owning things jointly, or utilities are in both your names). You do not need to be in a romantic or sexual relationship. You may still qualify for benefits if OW and ODSP believe you are a couple but are not living together because you or your spouse is in prison, hospitalised, or in long-term care.

It is important to note that the end of a relationship involves serious legal and financial matters, such as benefits, which must be negotiated and finalised.

Common-law status and insurance coverage

In Canada, if you live with a person in a conjugal relationship for a continuous period of 1 year, you are legally considered to be in a common-law relationship and can apply to extend your public service pension benefits and group insurance coverage to include your common-law partner.

Some employment benefit plans permit common-law spouses to share in the plan if they have been living together for only six months; other plans may require that spouses have lived together for one, three or five years. Government employees: An employment benefit plan that denies coverage to common-law or same-sex couples may be considered discriminatory on the basis of sexual orientation and, therefore, unconstitutional under the federal Canadian Human Rights Act.

In the US, the Full Faith and Credit clause of the Constitution requires a state to accept as valid a common-law marriage established in a state that recognizes a common-law marriage. This means that a couple with a common-law marriage in a state where it is legally recognized may move to another state and maintain their common-law marriage status even if the new state does not legally recognize common-law marriage. Some employers or insurers require a signed affidavit from an employee to recognize the common-law marriage before enrolling a common-law spouse on the health plan.

In New York, a common-law spouse would be viewed as the legal spouse of the insured, provided that a valid common-law marriage exists. Thus, an insurer may extend coverage to a common-law spouse under a family medical plan.

Frequently asked questions