Difference between revisions of "Unmarried Spouses"

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==Introduction==

Regardless of a couple's federal or provincial status under these rules, it is not true that being an unmarried spouse or common-law partner means that you are legally married. Being married involves a formal ceremony and certain other legal requirements like a marriage licence. Without that ceremony and that licence, unmarried spouses will never be married, no matter how long they've lived together.

For most provincial laws, the test is whether or not a particular couple are "spouses". Qualifying as a spouse might mean that you are entitled to the family rate for MSP, that you can share in your spouse's estate in the event your spouse dies or that you are no longer entitled to social assistance.

<blockquote><tt>"spouse" means a person who</tt></blockquote>

<blockquote><tt>(2) A spouse includes a former spouse.</tt></blockquote>

<blockquote><tt>"spouse" means a person who</tt></blockquote>

As you can see, there are lots of subtle differences between these definitions, and can be very important to find out just how a particular law defines spouse.

<blockquote><tt>"common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited with the individual for a continuous period of at least one year.</tt></blockquote>

"Conjugal relationship" is the federal equivalent of British Columbia's "marriage-like relationship".

It's usually pretty hard to argue that you're not married if you're a married spouse. It's a lot easier for unmarried couples to argue about the status of their relationship, and the stakes can be quite high. If a couple were just roommates, for example, neither of them will be able to ask for a share of the family property or for a contribution to the family debt, and neither will be able to ask the other to pay spousal support.  

This requirement of an unmarried spousal relationship is fairly self-explanatory. An unmarried couple who have lived together and had a child together are spouses who are eligible to ask for spousal support, regardless of how long or how short a period of time they lived together. An unmarried couple who have lived together for at least two years are spouses who are eligible to ask for spousal support and orders about the division of property and debt.

The only thing that needs to be pointed out is that the two year period doesn't need to be continuous. On the other hand, if a claim is based on the parties being unmarried spouses, the court will probably look at the nature of the relationship in more detail. A gap of a three of months in the middle of the two years a couple are supposed to have lived together might prevent someone from claiming that a couple are spouses; on the other hand, if the three months absence was because someone was working out of town, the three months may not matter very much.

*'''Shelter:'''

<blockquote>What was the attitude and conduct of the parties concerning children?</blockquote>

<blockquote>"Spousal relationships are many and varied. Individuals in spousal relationships, whether they are married or not, structure their relationships differently. In some relationships there is a complete blending of finances and property — in others, spouses keep their property and finances totally separate and in still others one spouse may totally control those aspects of the relationship with the other spouse having little or no knowledge or input. For some couples, sexual relations are very important — for others, that aspect may take a back seat to companionship. Some spouses do not share the same bed. There may be a variety of reasons for this such as health or personal choice. Some people are affectionate and demonstrative. They show their feelings for their 'spouse' by holding hands, touching and kissing in public. Other individuals are not demonstrative and do not engage in public displays of affection. Some 'spouses' do everything together — others do nothing together. Some 'spouses' vacation together and some spend their holidays apart. Some 'spouses' have children — others do not. It is this variation in the way human beings structure their relationships that make the determination of when a 'spousal relationship' exists difficult to determine. With married couples, the relationship is easy to establish. The marriage ceremony is a public declaration of their commitment and intent. Relationships outside marriage are much more difficult to ascertain. Rarely is there any type of 'public' declaration of intent. Often people begin cohabiting with little forethought or planning. Their motivation is often nothing more than wanting to 'be together'. Some individuals have chosen to enter relationships outside marriage because they did not want the legal obligations imposed by that status. Some individuals have simply given no thought as to how their relationship would operate. Often the date when the cohabitation actually began is blurred because people 'ease into' situations, spending more and more time together. Agreements between people verifying when their relationship began and how it will operate often do not exist."</blockquote>

To be clear though, mere roommates will never qualify as unmarried spouses. There needs to be some other dimension to the relationship indicative of a committment between the parties and their shared belief that they are in a special relationship with each other.

While a claim for child support with respect to a child of the parties will remain open until the child reaches the age of 19, and possibly longer, there are three important things you need to know about claims for spousal support and claims for child support against stepparents:

''Bringing a claim'' means starting a court proceeding asking for a particular order, not the date when the first application is made in that proceeding.

Under s. 198(5) of the ''Family Law Act'', the running of the time limits is "is suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional." The purpose of this provision is to allow people to engage in dispute resolution without having to feel pressured into starting a court proceeding to stop a time limit from running out. However, this provision isn't a straightforward as it looks.

First, the parties have to be engaged in a process of ''family dispute resolution''. That term is defined in s. 1 of the act as including:

Second, the parties have to be engaged in one of these processes with a ''family dispute resolution professional''. This term is defined in s. 1 of the act as including:

In other words, being engaged in a family dispute resolution process with someone like a community leader, an elder, a senior family member, a priest, an imam or a rabbi won't cut it unless the person also happens to fit into the definition of family dispute resolution professional.

Third, the parties must be ''engaged'' in the family dispute resolution process. That implies a process that is continuing and underway, rather than one which is started but never followed-through with.

The ''Divorce Act'' talks about how the one year period a married couple must wait in order to get divorced on the basis of separation is not interrupted if the parties live together in an attempt to reconcile for less than ninety days. Similar language is used in the ''Family Law Act'' for the purpose of determining the date when a couple stops accumulating family property. Neither of these provisions apply to the two year time limit for bringing claims under the ''Family Law Act''.

Providing a couple qualify as spouses, either party is entitled to seek an order for spousal support under the ''Family Law Act'' or to ask for an order that a stepparent pay child support for the benefit of the child of a spouse. The rules that apply to an unmarried spouse's claim for spousal support or for child support from a stepparent are exactly the same as those that apply to married spouses.

If an unmarried couple has had a child together, they are parents who are entitled, just because they are parents, to ask for orders about the care of the child and for child support. The rules that apply to determine guardianship, the distribution of parenting arrangements and contact are exactly the same as they are for any other parents, including parents who are married.

The fact that a couple live together may entitle one or both of them to certain benefits paid by the federal or provincial government if they also qualify as ''spouses'' under the applicable rules and legislation. It can also expose them to the prospect of losing those benefits, most notably social assistance payments.

The ministry which administers the ''Employment and Assistance Act'' and is responsible for social assistance often treats anyone living together as a couple as being in a spousal relationship, whether you are or aren't. This will decrease, and sometimes cancel, your benefit entitlement under what's known as the ''spouse in the house'' rule. As soon as you and your partner — or the person the ministry claims is your partner — stop living together, the ministry will usually return to treating you as single.

The Old Age Security Pension is available to people who are at least 65 years old. You may be entitled to receive the amount for a couple rather than for two single people if you have been living together as a couple for at least one year.

The Medical Services Plan will cover your partner on your plan without any minimum limit on the length of time you've been living together, although you must have signed your partner up on the plan and must pay the family rate rather than the single rate.

If you or your partner receive any workplace medical or dental insurance coverage, check with the plan administrator to see if unmarried couples are eligible beneficiaries under your plan.

A surviving unmarried spouse can apply to receive death benefits from ICBC when the other spouse is killed in a car accident, regardless of whose fault the accident was.