Six Rights if Your Common Law Relationship Ends

Published on 29 August 2022, 07:22:56 AM

Your relationship is over. Now you ask what about your rights and responsibilities?

Common law or conjugal relationships are pretty similar to marriage.

If you are financially supporting a partner, had an intimate relationship for three or more years, share household expenses and have or care for children, yours could qualify as common law.

Here’s what that means for you.

1. Child support
   Both you and your partner are financially obligated to support children under 18 and adult children who are dependant on you. That continues if you separate. Courts use federal and provincial guidelines to calculate child support.

1. Custody and care
   As parent, guardian or legally responsible adult (loco parentis), you are responsible for your children’s well-being and care. As a minimum, your child has a right to life after birth and not to be separated from you (unless a court decides otherwise). If you separate, you may apply for custody like any other parents. Expect to go to court and argue for case based on your children’s best interests.
2. Spousal support
   Couples who separate are expected to become self supporting. Just because your spouse earns more doesn’t mean spousal support is automatic. But courts can be more generous to spouses who relied on family income to support children.

Your spousal support depends on:

1. Property
   Any property you bring to the relationship or own yourself is yours alone. Jointly owned property is shared. It gets more complicated if your partner was unjustly enriched by your relationship.

Proving unjust enrichment is complicated. Just like your contributions to your family, every case is unique. Be prepared to hire a lawyer and go to court to split your wealth. Your case could be decided based on what your services (such as cooking meals) would normally cost. That’s called fee-for-service. Or you could be considered a partner in a joint family venture.

Breaking it Down
Your partner’s annual income = $70,000
Your at-home parent income = $0
You could have an unjust enrichment claim

1. CPP pension credits
   Good news! You only have to live common law for a year to share Canada Pension Plan (CPP) and Old Age Security (OAS) benefits. They could include:

1. Employee benefits
   Some employee benefit plans include common law spouses. Even if you have lived together as little as six months. Check your partner’s plan to see if you qualify for:

Ask a lawyer for help to make sure you get your fair share.

1. Your spouse’s estate
   You may be a dependant for will and estate purposes. You must prove you:

Kamlai had a court order for spousal support. Qiang died before she could serve it. When his estate is divided, Kamlai could use that order to help her retrain and find work to support herself.

Do You Know Your Rights?
Axess Law family lawyers help you understand your rights as a common law spouse or parent. Email, call or drop in if you have questions.