Gavin Howe
The definition of common-law varies across different provinces in Canada. In Ontario, a couple is considered to be in a common-law relationship if they have lived together for at least three continuous years or one year if they have a child together. In British Columbia, a couple must live together in a marriage-like relationship for at least two years to be considered common-law spouses, but if they are applying for spousal support, they are considered spouses if they have lived together for less than two years and have a child together. In Alberta, a couple is considered to be in an Adult Interdependent Relationship if they have lived together in a relationship of interdependence for at least three continuous years or have lived together with a child for a period of some permanence. For federal tax purposes, couples must have lived together for 12 continuous months or share a child to be considered common-law.
| Characteristics | Values |
|---|---|
| Definition of 'common-law' in Canada | Couples who have either been living together for 12 continuous months or who share a child by birth or adoption |
| Definition of 'conjugal relationship' in Canada | Two people share a home, finances, friend groups, and an emotional connection on top of having a sexual relationship |
| Common-law in Ontario, Canada | Two people are considered common-law partners if they have been continuously living together in a conjugal relationship for at least three years. If they have a child together by birth or adoption, then they only need to have been living together for one year |
| Common-law in British Columbia, Canada | A couple is considered to be in a common-law relationship if they have lived together in a marriage-like manner for at least two continuous years. If they have lived together for less than two years but have a child together, they are also considered common-law |
| Common-law in Alberta, Canada | A couple is considered to be in an Adult Interdependent Relationship if they have made a formal and valid Adult Interdependent Partner agreement together, have lived together in a relationship of interdependence for at least three continuous years, or have lived together in a relationship of interdependence of some permanence where there is a child of the relationship (either by birth or adoption) |
| Common-law in Manitoba, Canada | A couple is considered to be in a common-law relationship if they have registered their relationship |
| Common-law inheritance under succession laws outside of BC, Manitoba, Saskatchewan, and Northwest Territories | Common-law partners do not have the same inheritance rights as married spouses. They may have a claim to their partner's estate, but that process involves filing a claim, and there is no guarantee it will be approved |
| Common-law inheritance under succession laws in Quebec | A common-law spouse is not entitled to anything |
| Separation status in Canada | Once separated for 90 days because of a breakdown in the relationship, the effective date of separation status is the day the couple started living apart |
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What You'll Learn
Common law in Canada
In Canada, common-law relationships are recognised but do not have the same rights as traditional marriages. The definition of common law and the rights it affords varies across provinces and legal contexts.
For federal tax purposes, 'living common-law' refers to couples who have lived together for 12 continuous months or who share a child by birth or adoption. This definition also applies to immigration, pensions and other benefits. However, each province has its own criteria for recognising common-law relationships, which impacts separations, inheritance rights, property division and more. For example, in Ontario, a couple is considered to be in a common-law relationship after living together for at least three continuous years, or one year if they have a child together. In Quebec, a couple is considered common law after living together for two years.
The rights of common-law spouses can differ significantly from those of legally married spouses. For example, outside of BC, Manitoba, Saskatchewan and the Northwest Territories, a common-law partner would not have the same inheritance rights under succession laws as a married spouse. In Quebec, a common-law spouse is always entitled to nothing. Similarly, the Family Law Act's property regime only applies to "spouses", which does not include cohabitating spouses. However, common-law partners are eligible for survivor benefits from the Canada Pension Plan (CPP) and are seen as equal to married couples by the Canadian Revenue Agency (CRA).
Due to the varying definitions and rights of common-law relationships in Canada, it is important to understand the laws in your province and seek legal advice if necessary.
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Common law in British Columbia
In British Columbia, a couple is considered to be in a common-law relationship after living together in a marriage-like manner for at least two continuous years. If the couple has a child together, they are considered common-law partners even if they have lived together for less than two years. This definition is outlined in British Columbia's Family Law Act.
Under the Family Law Act of 2013, couples in BC automatically take on the financial obligations associated with marriage after two years of living together in a marriage-like relationship. This includes property division and spousal support. Once a couple is considered "spouses", everything accumulated since the day they began living together is equally divided upon separation. This includes contributions to retirement savings plans, property, appreciation on property, and debt, including student loans accumulated during the relationship.
However, the federal government defines the length of time to become "common-law" differently. According to federal law, a couple is considered common-law after one year of living together in a "conjugal relationship" for purposes such as taxes, immigration, and Old Age Security pension. This discrepancy has led to confusion among couples in BC regarding their legal and financial obligations and entitlements.
It is important to note that common-law partners in BC do not have the same inheritance rights under succession laws as married spouses. Common-law partners may have a claim to their partner's estate, but this involves filing a claim, and there is no guarantee it will be approved. The best way to ensure a common-law spouse is protected in the event of death is to create a will naming them as a beneficiary.
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Common law in Ontario
In Ontario, Canada, two people are considered common-law partners if they have lived together in a conjugal relationship for at least three continuous years. A "conjugal relationship" in Canada is more than just a sexual relationship. It involves sharing a home, finances, friend groups, and an emotional connection, in addition to having a sexual relationship. If a couple has a child together by birth or adoption, they only need to have been living together for one year to be considered common-law partners.
The definition of common law differs across various laws and provinces. For federal tax purposes in Canada, 'living common-law' refers to couples who have either been living together for 12 continuous months or who share a child by birth or adoption. This definition also applies in the context of immigration. However, the criteria for a common-law relationship vary across provinces. For example, in British Columbia, a couple is considered to be in a common-law relationship if they have lived together in a marriage-like manner for at least two continuous years or if they've lived together for less than two years but have a child together.
It is important to understand the distinctions between married spouses and cohabiting partners in Ontario to protect yourself in the event of a relationship breakdown. Common-law partners in Ontario do not have the same rights as married spouses when it comes to property and assets. In a common-law relationship, the property you bring into the relationship typically continues to belong to you, and there is no automatic right to divide it or share its value as in a marriage. Common-law couples are not legally required to split the property they acquired during their relationship unless it was jointly owned. However, if you contributed to your partner's property during the relationship, you may have a right to a portion of it.
Additionally, in Ontario, common-law partners are less financially and legally entangled than married couples, making it less complicated to dissolve the union if the relationship ends. Common-law partners can claim spousal support, and this is managed by setting out how assets will be divided and determining spousal support amounts in a cohabitation agreement or a separation agreement.
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Common-law marriage
In Canada, 'common-law marriage' refers to couples who live together in a conjugal relationship without being legally married. The specific definition of 'common-law marriage' and the rights and obligations of common-law spouses vary across different provinces in Canada.
British Columbia
In British Columbia, a couple is considered to be in a common-law relationship if they have lived together in a marriage-like manner for at least two continuous years. If the couple has a child together, they are considered common-law spouses even if they have lived together for less than two years.
Alberta
In Alberta, a common-law relationship is referred to as an Adult Interdependent Relationship. A couple is considered to be in an Adult Interdependent Relationship if they have made a formal and valid Adult Interdependent Partner agreement, have lived together in a relationship of interdependence for at least three continuous years, or have lived together in such a relationship with a child together for less than three years.
Ontario
In Ontario, two people are considered common-law partners if they have lived continuously in a conjugal relationship for at least three years. If the couple has a child together, the duration is reduced to one year.
Manitoba
In Manitoba, a couple is considered to be in a common-law relationship if they have registered their relationship with the Vital Statistics agency.
Federal Tax Purposes
For federal tax purposes, 'living common-law' refers to couples who have lived together for 12 continuous months or share a child by birth or adoption.
It is important to note that common-law partners do not have the same rights and obligations as legally married spouses, especially in matters of property, division of assets, and inheritance. In the event of a relationship breakdown, common-law partners may need to resolve issues related to cohabitation agreements, child custody, and child support.
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Common-law spouse rights
The definition of "common-law spouse" varies across different countries and even within different regions of a country. In general, a common-law spouse refers to someone who is living in a conjugal relationship with a person who is not their married spouse. This typically involves living together for a certain period, often 12 continuous months, and may include sharing a child by birth or adoption. However, it is important to note that being in a common-law relationship does not confer the same rights and obligations as being legally married.
In Canada, the term "living common-law" is used for federal tax purposes to refer to couples who have lived together for 12 continuous months or share a child. While some provinces may grant similar rights and responsibilities to married couples, common-law spouses are not legally considered married. For example, in Ontario, Canada, common-law partners are defined as couples who have lived together in a conjugal relationship for at least three years or one year if they have a child together. However, property division, asset division, and other issues can be complex under common law in Ontario, and legal advice should be sought to understand specific rights.
In the context of succession laws in Canada, a common-law spouse may not have the same inheritance rights as a married spouse, except in Quebec, where they are entitled to nothing. To ensure a common-law spouse's protection, creating a will naming them as a beneficiary is recommended.
In England, Wales, and Northern Ireland, the term "common-law marriage" is used socially to describe unmarried, cohabiting heterosexual couples. However, this term does not provide legal recognition or confer the same rights and obligations as a married couple. While unmarried partners may be recognised for certain purposes, such as means-tested benefits, they do not have special rights in many areas of the law, including asset ownership upon separation.
In the United States, only 15 states and the District of Columbia recognise common-law marriages, and each has its own requirements. Common-law spouses who meet their state's requirements may be eligible for financial benefits like Social Security. However, it is important to understand the specific laws and requirements of each state, as they vary significantly.
In summary, the rights of a common-law spouse vary depending on the region and country. While there may be some similarities to the rights of married spouses in specific contexts, such as taxes and financial claims, it is important to understand the legal distinctions between married spouses and cohabitating partners, especially in the event of a relationship breakdown or inheritance. Seeking legal advice specific to one's situation is always recommended.
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Frequently asked questions
For federal tax purposes, couples must have lived together for at least 12 continuous months to be considered common-law. However, this definition varies across different provinces.
In Ontario, two people are considered common-law partners if they have lived together in a conjugal relationship for at least three years. If they have a child together, they only need to have lived together for one year.
In British Columbia, a couple is considered to be in a common-law relationship if they have lived together in a marriage-like manner for at least two continuous years. If they have a child together, they are considered common-law even if they have lived together for less than two years.
In Alberta, a couple is considered to be in an Adult Interdependent Relationship (common law) if they have lived together in a relationship of interdependence for at least three continuous years. If they have a child together, they are considered common-law even if they have lived together for less than three years.
