This script explains Not all couples who live together meet the definition of “spouse” under BC’s family law. For these couples, learn your income, financial support entitlement to benefits and property rights when what happens if you are in or have left a relationship that is not a spousal relationshipsplit up. Topics covered include:

*==Understand your legal rights to social assistance, pension plan benefits, employment insurance benefits, medical and dental coverage, and coverage under ICBC insurance programs;*responsibility for debts;*your right to financial support if you separate;*what happens to the property you acquire during your relationship; and*why you should have a will.==

==Who =The law defines who is a “spouse”?===Under the provincial BC’s ''[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec3_smooth Family Law Act]'' defines the term “'''spouse''', “spouse” includes people who are ” as including married to each other spouses as well as:*people who have lived together in a marriage-like relationship for at least two years; , and*for some parts of the act, people who have lived together in a marriage-like relationship for less than two years if they and have had a child together(in this case, you aren’t considered a spouse when it comes to property, debt or pensions; we explain what this means shortly).

This script A couple is for people who are not legally married and have not lived together seen as living in a “'''marriage-like relationship for more than two years'''” if they present themselves as a family unit to family and friends, and conduct their financial and household affairs as a couple.

==Can you get income assistance while living in an unmarried relationship?==The welfare office may treat you like spouses as soon as you start to live together, whether you This information is for couples who are '''not spouses or not. When you apply for welfare, your caseworker will look at the income and assets for both of you. If you get income assistance, you’ll get it at the rate for a couple or ''' under BC’s family, and not as two single peoplelaw. If you’re under 19For example, you may be refused welfare, but you can appeal this decision. Information about income assistance appeals can be found have lived together in script [[Income Assistance: Reconsiderations a marriage-like relationship for less than two years (and Appeals (Script 288not had a child together)|288]].

It’s important to know that if you claim ===Getting income assistance=== The BC government provides '''welfare benefits''' such as a single person when you’re actually living with someone else as a couple, you may be required income assistance to repay any benefits you have received if your relationship is discovered. You may also face a civil court case or even criminal charges, and you could be refused future services by the Ministrythose in financial need.

As soon as you start to live together with someone else, the welfare office may treat you like spouses. When you apply for welfare, your caseworker will look at the income and assets for both of you. Under BC’s [https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-40/latest/sbc-2002-c-40.html#sec1.1_smooth welfare law], "spouse" includes people living together for '''three months''' if the welfare caseworker believes their relationship demonstrates "financial dependence or interdependence, and social and familial interdependence, consistent with a marriage-like relationship”. If you fall within this definition and you qualify for income assistance, you would get it at the rate for a couple or family, and not as two single people.  You have the right to challenge the welfare office’s decision. For step-by-step guidance, see our information on [[Income Assistance: Reconsiderations and Appeals (Script 288)|income assistance reconsiderations and appeals (no. 288)]]. If you claim welfare as a single person when you’re actually living with someone else as a couple, and your relationship is discovered, you may be required to repay any benefits you have received. You may also face a civil court case or even criminal charges, and you could be refused future services by the welfare Ministry. ==What about getting Getting benefits under a pension plan?==Pension benefits under Canada’s '''Old Age Security program are paid to ''' provides Canadian residents over the with a monthly pension beginning at age of 65. A Spouse’s Allowance is also paid to the spouses of pensioners for spouses People between the ages of age 60 and 6564 whose spouse qualifies for a low income pension supplement can receive an “'''allowance'''” benefit. To qualify for the Spouse’s Allowance allowance as a spouse, you only need to be living together for '''one year'''. For more information on Old Age Security benefits, refer to script see our information on [[Senior Law and Elder Abuse (Script 239)|the laws affecting older adults (no. 239)]] on “Senior Law and Elder Abuse”.

==Can you get Getting Employment Insurance benefits?==The federal government provides '''Employment Insurance will treat benefits''' to workers who lose their job. You may be eligible for EI benefits if you leave a job to accompany your partner to another place of residence. Employment Insurance defines a couple as if you are spouses if you and your partner they have lived together in a “conjugal relationship” for at least 12 months or '''one year'''. You can also get EI benefits if you leave your job to follow your partner if you are living together and expecting the birth of a child togetheror caring for an immediate family member.

If your partner moves to another city or province, you can quit your job to go with him or her, you may still have the right to get Employment Insurance benefits. Note, however, that you can be denied won’t qualify for benefits if there’s no work at all for Employment Insurance concludes you in had reasonable alternatives to keep your job, such as requesting a transfer or commuting from the new townplace of residence.

==Are you covered =Coverage under your partner’s medical and dental plans?===

Medical or dental plans or extended-health plans from an employer generally do not provide benefits for people who are not spouses. ===Responsibility for your partner’s debts===If you sign for a loan, it’s your loan and your responsibility, not your partner’s. Likewise, if your partner signs for a loan, it’s their responsibility. If you both sign for a loan, however, you are both responsible to repay the debt. As well, if you '''guarantee''' your partner’s loan, and your partner is unable or refuses to make the payments, you’ll be responsible. That is so even though you may not have had any benefit from the loan. If you end up paying some or all of the loan, you can pursue your partner to pay you back.  ===If you separate, your rights to spousal support===When a couple breaks up, support is money one person pays another to help with expenses. To be eligible to receive '''spousal support''' from your partner, you must have either:*lived in a marriage-like relationship with your partner for two years or more, or*lived in a marriage-like relationship with your partner and had a child with them. See our information on [[Spousal Support (Script 123)|spousal support (no. 123)]] for the factors that go into a support award. ===Your rights to property acquired during the relationship===Rights to property is one of the key areas in which being a spouse under the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec84_smooth Family Law Act]'' makes a difference. Under the Act, spouses are presumed to keep the property each of them brought into their relationship and to share in the things they acquired during their relationship (called “'''family property'''”). Only spouses who are '''married''' or lived together in a marriage-like relationship '''for at least two years''' share an interest in family property.

==Are you responsible for your partner’s debts?==If you sign for a loando not meet this definition of spouse, it’s your loan and your responsibility, not your partner’sthe only property you are presumed to keep is the property you brought into the relationship. LikewiseAs well, if partner signs for you own property together (jointly) — such as a loanhouse, a car, it’s his or her responsibilitybank accounts — you are each presumed to have an equal interest in the joint property.

If you both sign for a loan, however, you are both responsible contributed to repay the debtpurchase of an asset owned by your partner, even if you’re just or paid more for the purchase of a guarantor and you both mean the loan to be your partner’s responsibility. This means that if joint asset than your partner is unable or refuses to make the payments, you’ll you may be responsible, even though able to get out what you may not have had any benefit from the loanput in. But if you end up paying some or all of a joint loan, you can apply will have to prove your contributions to the court for an order purchase and that him or her pay you backdidn’t mean your extra contributions to be a gift.

==If you separate, can you get spousal support?==If you have lived The law in a marriage-like relationship with your partner for two years or more, you may be eligible to receive spousal support from your partner. The only exception to that rule this area is if you complex and your partner have a child together, then you may be eligible it is highly advisable to receive spousal support even though you have lived together in a marriage-like relationship for less than two yearsseek legal advice.

==What =Your rights do you have to property acquired during the relationship?based on “unjust enrichment”===This is where there are If you contributed in some way to the biggest differences between being assets owned by your partner, you may be entitled to a spouse and not being a spouse. The share of that property based on '''unjust enrichment'Family Law Act'' requires that family . To claim an interest in your partner’s property be shared between spouses, and for the purposes of this part of the act, “spouse” is defined asyou must show three things:*someone who is married; andyour partner gained a benefit from your contributions,*someone who lived with someone else in you suffered a loss of some sort as a marriage-like relationship for result of making those contributions, and*there is no legal reason why your partner should have received the benefit of your contributions at least two yearsthe cost of your loss.

If you do not qualify as can prove these things, a spouse, the only property you are presumed to have an interest in is the property you own court may agree your partner was unjustly enriched by your contributions and the property that you jointly own with should be compensated for your partnerloss. If you own The court can make an asset together (like a house, a car, or a bank accounts), order requiring your partner to compensate you are each presumed to have an equal interest in the asset. If you contributed your partner can’t afford to make the purchase of an asset owned only by your partnerpayment, or paid more for the purchase of court may impose a joint asset than trust, called a “'''constructive trust'''”, on your boyfriend or girlfriend, partner’s property so you may can be able to get out what paid the compensation you put are owed.The law in, however you have to be able to prove your contributions to the purchase this area is complex and that you didn’t mean to give your extra contributions it is highly advisable to your partner as a giftseek legal advice.

==What about the law of “unjust enrichment”=Will I have to go to court?===If you contributed in some way to the assets owned by your partnerseparate, you may be entitled have to go to a share court to sort out some of that your support rights and perhaps your property based on an “unjust enrichment” claimrights. To claim an interest in your partner’s propertyFamily Court is a part of the BC Provincial Court, where you must show three things:*that your partner gained a benefit from your contributions;*that can settle many questions dealing with support for you suffered a loss of some sort as a result of making those contributions; and*that there is no legal reason why your partner should children, plus guardianship, parenting arrangements, and contact. Family Court '''can’t''' deal with property issues and it can’t make orders about who will live in the family home. For this, you’ll have received the benefit of your contributions at the cost of your lossto go to BC Supreme Court.

If you can prove these things, the court may agree that your partner was unjustly enriched by your contributions and that you should be compensated for your losses. The court will make an order requiring your partner to compensate you. If he or she can’t afford For more on going to make the payment, the court may impose a trust, called a “constructive trust”, see our information on your partner’s property so that you can be paid the compensation you are owed[[Family Court (Script 110)|Family Court (no. 110)]].

The law in this area is very complex ===Do I need to make a will?===If you want to make sure your partner and children are taken care of after your death, you should speak need to make a lawyer'''will'''. In your will, you can say who you want your property to go to. You can also name a guardian who’ll be legally responsible for your children after you and your partner die.

==What if you have to go to court?==If you separateFor more, you may have to go to court to sort out some of your support rights see our information on [[Making a Will and perhaps your property rightsEstate Planning (Script 176)|making a will (no. Family Court is 176)]] and [[What Happens When You Die Without a part of Provincial Court, where Will? (Script 177)|what happens when you can settle many questions dealing with support for you and your children, plus guardianship, parenting arrangements and contact. Family Court can’t deal with property issues and it can’t make orders about who die without a will live in the family home(no. For this, you’ll have to go to Supreme Court, and you’ll likely need a lawyer177)]].

==Do you need to make a will?With more information===If you want to make sure your partner and children are taken care of after your deathThe wikibook '''''JP Boyd on Family Law''''', you need to make a willhosted by Courthouse Libraries BC, has information on unmarried relationships. In your will, you can say who you want your property to go to:Web: [http://wiki.clicklaw.bc.ca/index. You can also name a guardian who’ll be legally responsible for your children after you and your partner diephp/Other_Unmarried_Relationships wiki. A court can always make an order that is different than your intentions for the children, however, if this would be in the children’s best interestsclicklaw. You should encourage your spouse to make a will toobc.ca]

For more information'''Legal Services Society''', refer to script the legal aid provider in BC, publishes the booklet “[[What Happens When Your Spouse Dies (Script 150)|150]] on “What Happens When Your Spouse Dies” http://www.legalaid.bc.ca/publications/pub.php?pub=347 Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and script [[What Happens When You Die Without a Will? (Script 177)|177]Divorce] on “What Happens When You Die without a Will?”.:Web: [http://www.legalaid.bc.ca/ legalaid.bc.ca]

'''The above was last reviewed for legal accuracy by Thomas E. Wallwork.''' ----