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Difference between revisions of "Unmarried Spouses"
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This section talks about qualifying as unmarried spouses, the consequences of being in a spousal relationship, and unmarried spouses' entitlement to government benefits. This section also talks about the legal issues involved when a relationship breaks down. | This section talks about qualifying as unmarried spouses, the consequences of being in a spousal relationship, and unmarried spouses' entitlement to government benefits. This section also talks about the legal issues involved when a relationship breaks down. | ||
==Introduction== | ==Introduction== | ||
The legal rights and responsibilities people in an unmarried relationship owe to each other are described in a number of different laws, and these different laws have different definitions of what it means to be a "spouse" or a "common-law partner"; a couple might meet the test under one law but not under another. | The legal rights and responsibilities people in an unmarried relationship owe to each other are described in a number of different laws, and these different laws have different definitions of what it means to be a "spouse" or a "common-law partner"; a couple might meet the test under one law but not under another. | ||
The really important question is this: ''Do I qualify as a "spouse" under this particular piece of legislation?'' | |||
Although married couples are always married spouses, unmarried couples aren't always unmarried spouses. For example, the federal ''[http://canlii.ca/t/7vb7 Income Tax Act]'' defines spouse as including people who have cohabited for one year, while the provincial ''[http://canlii.ca/t/84l7 Employment and Assistance Act]'' defines spouse as including people living together for three months if a welfare caseworker believes that their relationship demonstrates "financial dependence or interdependence, and social and familial interdependence." | |||
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. | 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. | ||
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===Provincial legislation=== | ===Provincial legislation=== | ||
For most provincial laws, the test is whether or not a particular couple are "spouses" | 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. | ||
In general, for most but not all provincial laws you must have lived with your partner for at least two years to qualify as a spouse. (The laws about sharing in a spouse's property after his or her death also require the spouses to have been living together at the time of your spouse's death.) Here's the definition from the ''[http://canlii.ca/t/84g0 Wills Variation Act]'': | In general, for most but not all provincial laws you must have lived with your partner for at least two years to qualify as a spouse. (The laws about sharing in a spouse's property after his or her death also require the spouses to have been living together at the time of your spouse's death.) Here's the definition from the ''[http://canlii.ca/t/84g0 Wills Variation Act]'': | ||
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===Federal legislation=== | ===Federal legislation=== | ||
Most federal laws distinguish between "spouses" | Most federal laws distinguish between "spouses," people who are legally married, and "common-law partners," who aren't. Qualifying as a common-law partner might mean that you are entitled to a share of your partner's CPP credits, and receive Old Age Security survivor's benefits or the spouse amount for the GST Credit. | ||
In general, you must have lived with your partner for at least one year to qualify as a common-law partner under federal legislation. Here's the definition from the ''[http://canlii.ca/t/7vjx Old Age Security Act]'': | In general, you must have lived with your partner for at least one year to qualify as a common-law partner under federal legislation. Here's the definition from the ''[http://canlii.ca/t/7vjx Old Age Security Act]'': | ||
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<blockquote><tt>and, for the purpose of this definition, where at any time the taxpayer and the person cohabit in a conjugal relationship, they are, at any particular time after that time, deemed to be cohabiting in a conjugal relationship unless they were living separate and apart at the particular time for a period of least 90 days that includes the particular time because of a breakdown of their conjugal relationship.</tt></blockquote> | <blockquote><tt>and, for the purpose of this definition, where at any time the taxpayer and the person cohabit in a conjugal relationship, they are, at any particular time after that time, deemed to be cohabiting in a conjugal relationship unless they were living separate and apart at the particular time for a period of least 90 days that includes the particular time because of a breakdown of their conjugal relationship.</tt></blockquote> | ||
"Conjugal relationship" is the federal equivalent of British Columbia's "marriage-like relationship" | "Conjugal relationship" is the federal equivalent of British Columbia's "marriage-like relationship." | ||
==="Common-law spouses"=== | ==="Common-law spouses"=== | ||
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Family law in British Columbia doesn't talk about people who are "common-law spouses" and never has. Once upon a time, people could marry each other and create a legal relationship simply by agreeing to marry, without getting a licence from the government or having a particular kind of ceremony. Because the rights between the spouses came from principles established by the common law, these were known as common-law marriages. Common-law marriages were valid in England until the ''Marriage Act'' of 1753, better known by its full flowery name, ''An Act for the Better Preventing of Clandestine Marriage''. | Family law in British Columbia doesn't talk about people who are "common-law spouses" and never has. Once upon a time, people could marry each other and create a legal relationship simply by agreeing to marry, without getting a licence from the government or having a particular kind of ceremony. Because the rights between the spouses came from principles established by the common law, these were known as common-law marriages. Common-law marriages were valid in England until the ''Marriage Act'' of 1753, better known by its full flowery name, ''An Act for the Better Preventing of Clandestine Marriage''. | ||
Normally I wouldn't make a fuss about terminology like this, except that the phrase "common-law spouses" kind of suggests that there are certain | Normally I wouldn't make a fuss about terminology like this, except that the phrase "common-law spouses" kind of suggests that there are certain rights and entitlements that a couple get from the operation of the common law, and this really isn't the case and it hasn't been the case for two-and-a-half centuries. What's really important is whether a couple are "spouses" under the particular law that they're looking at; all of their rights and entitlements come from the operation of a statute. | ||
There is no such thing as a "common-law spouse" or a "common-law marriage" in British Columbia. If you're a "spouse" | There is no such thing as a "common-law spouse" or a "common-law marriage" in British Columbia. If you're a "spouse," it's because of s. 3 of the ''Family Law Act''. | ||
==Qualifying as an unmarried spouse== | ==Qualifying as an unmarried spouse== | ||
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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. | 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 | 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 three 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. | ||
===...In a "marriage-like relationship"=== | ===...In a "marriage-like relationship"=== | ||
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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. | 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. | ||
The section [[Separating Emotionally]] in the chapter [[Divorce & Separation]] talks about the emotional issues that come up when a relationship ends and how those issues can impact on the resolution of the legal issues. | |||
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