From common law to ‘adult interdependent relationships’: How laws vary by region

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This article was published 11/02/2016 (3569 days ago), so information in it may no longer be current.

The federal government recognizes common-law partners as two people living in a conjugal relationship for a year. But the law isn’t cut and dry on a provincial level. Here is a sampling of how provinces deal with the issue:

NEWFOUNDLAND AND LABRADOR:The province’s Family Law Act doesn’t set out rules for division of property and debt for common-law couples as it does for married spouses. In the event of a breakup, common-law partners keep what belongs to them, whether it is something they bought or an item in their name. This also includes debts. The provincial government recommends holding onto receipts and invoices for this reason. (Source: Government of Newfoundland and Labrador website)

NOVA SCOTIA:Unmarried partners can only claim spousal support if they’ve been in a common-law relationship for two years. However, partners living in a conjugal relationship for any length of time can file a Domestic Partnership Declaration, which immediately provides many of the same rights as for married couples. (Source: Government of Nova Scotia website, BoyneClarke Law website)

QUEBEC:Known as “de facto spouses,” they are two people who live together as a couple but are not legally married. The government says it has “deliberately chosen not to extend to de facto couples the same rights and responsibilities that married or civil union couples have under the Civil Code of Quebec, regardless of the number of years of cohabitation.” It suggests both partners sign a cohabitation contract outlining what will happen to children and assets in the event of a breakup or death. (Source: Government of Quebec website)

ONTARIO:Two people are considered common law after they’ve lived together for at least three years. Common-law standing entitles partners to claim spousal support but not property. If one partner dies without a will, property will go to blood relatives unless the couple has a cohabitation agreement in place. (Source: Ministry of the Attorney General of Ontario website, Haber and Associates Lawyers website)

ALBERTA:In 2003, Alberta nixed the term “common law” from its laws and introduced the concept of Adult Interdependent Relationships, which applies to both conjugal and platonic relationships. The rights, benefits and responsibilities are similar — and in some cases, the same — as those given to married couples. An Adult Interdependent Partner can apply for spousal support after a split and any child is entitled to financial support. (Source: Centre for Public Legal Education Alberta website, Calgary Legal Guidance website)

BRITISH COLUMBIA:Since 2013, couples living common law for two years have the same rights as their legally married counterparts. If the relationship falls apart, partners are entitled to half of shared debts and assets. (Source: Quay Law Centre website)