If you’re ending a common law relationship in British Columbia, it is important to understand your rights and responsibilities. Common law separation in BC can be emotionally challenging and legally complex. Knowing what defines a common law relationship, how assets are divided, and what spousal support may look like can help you move forward with clarity and confidence.
Separation does not have to be adversarial. With the right information and support, you can make informed decisions that protect your interests and promote fairness for both of you.
British Columbia Common Law Separation
A British Columbia common law separation occurs when two people in a marriage-like relationship decide to part ways. Although there is no formal divorce process for common law couples, many of the same legal principles apply, especially when it comes to property division, parenting, and support.
Legal Steps to Take During Separation
When separating from a common law partner, it helps to take a few key steps to protect your rights:
- Confirm your relationship status. Establish whether your relationship meets the legal definition of common law in BC.
- Create a written separation agreement. This document outlines how you will divide assets, handle debts, and manage parenting or support arrangements.
- Notify relevant institutions. Update your relationship status with government agencies like the CRA, your employer, and financial institutions.
- Seek legal advice if needed. Even in amicable separations, a lawyer can review your agreement to ensure fairness and compliance with BC law.
Understanding Common Law in BC
What is Common Law in BC?
In BC, “common law” refers to a relationship where two people live together in a marriage-like partnership. You do not need a marriage certificate, but the relationship must meet certain criteria under the Family Law Act.
For most purposes, you are considered a common law couple if you have lived together for at least two years in a marriage-like relationship. If you share a child, you may qualify sooner, even if you have not lived together for two full years.
What Defines Common Law in BC?
What defines common law in BC is not just the length of time you live together. Courts look at the nature of your relationship, including:
- Whether you share finances or property
- The level of emotional and physical intimacy
- Whether you present yourselves as a couple to friends and family
- Shared responsibilities such as parenting or household management
You can find more details in our article that answers the question “when do you become common law” here.
What Constitutes Common Law in BC?
To sum it up, what constitutes common law in BC is a combination of time and relationship characteristics. The relationship must resemble a marriage in commitment and interdependence. Each case is unique and all of the circumstances have to be assessed – no single factor determines the outcome.
Rights and Entitlements of Common Law Partners in BC
What is a Common Law Spouse Entitled to in BC?
A common law spouse in BC may have many of the same rights as a married spouse. What a common law spouse is entitled to in BC depends on how long you lived together and whether you meet the legal definition of common law.
After a separation, you may be entitled to:
- An equal share of family property (including assets acquired during the relationship)
- Spousal support, if there is a significant income difference
- Parenting time and responsibilities, if you share children
Common Law Spousal Support BC
Common law spousal support in BC aims to address financial imbalance after separation. If one partner was financially dependent or sacrificed career opportunities for the relationship or family, they may qualify for support.
Eligibility depends on:
- The length of your relationship
- The roles you each played during the relationship
- Your income and financial need
Spousal support can be negotiated through a separation agreement or determined by the court if you cannot reach an agreement.
Parenting and Child Support After Common Law Separation in BC
If you have children together, common law separation in BC involves the same parenting and child support considerations as married couples. Parents must make decisions based on the best interests of the child.
You will need to address:
- Parenting time and decision-making responsibilities
- Child support payments, calculated according to the Federal Child Support Guidelines
- Special or extraordinary expenses, such as education or healthcare costs
Property and Asset Division for Common Law Couples
Common Law Property Division
Under BC’s Family Law Act, common law property division gives eligible common law partners similar rights to married spouses. You may be entitled to half of family property and equally responsible for family debt.
Family property generally includes:
- Real estate purchased during the relationship
- Investments, pensions, and savings
- Vehicles and household items
Excluded property, such as assets owned before the relationship or gifts and inheritances, usually remains with the original owner.
Common Law Division of Assets
The common law division of assets follows the same principles of fairness as in a divorce. The goal is to ensure that both partners leave the relationship on stable financial footing. If disputes arise, mediation or collaborative family law can help you reach a resolution without going to court.
FAQs
How long do you need to live together to be common law?
In BC, you are generally considered common law after living together in a marriage-like relationship for two years. If you have a child together, you may qualify as common law sooner.
Can I claim spousal support if we separate after 2 years?
Yes. If you meet the two-year threshold for a common law relationship, you may be eligible to claim spousal support. The court will consider the length of the relationship, your financial situation, and the roles each partner played.
Do I need a lawyer to separate from a common law partner in BC?
While you do not need a lawyer to separate, it can be helpful to get legal advice before signing a separation agreement. A lawyer can ensure your rights are protected and that your agreement follows BC law.
What is the difference between common law separation and divorce in BC?
The main difference is that common law couples are not legally married, so they do not need a divorce order to separate. However, they often face similar issues when it comes to property division, spousal support, and child arrangements.
- CRA Common Law - November 10, 2025
- Common Law Separation BC - November 10, 2025
- Alberta Interdependent Relationships - October 4, 2025
