If you are a BC unmarried person in a BC common law- also called a BC marriage-like relationship- the rules of the game for British Columbia spousal support and for BC property division are about to radically change. The definition of “spouse” that controls the rights you have to spousal support have been expanded due to the following change in wording to the definition:
spouse means a person who
(a) is married to another person,
(b) lived with another person:
(i) in a marriage-like relationship for a continuous period of at least 2 years, or
(ii) in a marriage-like relationship of some permanence if the persons are together the parents of a child
and, for the purposes of this Act, the marriage-like relationship may be between persons of the same gender.
This wording change means spousal support may be payable if a child is born of the relationship and the relationship is of some permanence (no one is sure what this means yet!) as opposed to the current requirement that you must have lived together continuously for more than 2 years. Can a one night stand where a child is born be of some permanence or is 30 days enough or what will it it take to meet this new test?
Similarly, although the Supreme Court of Canada has said BC common law couples should not be treated the same as married persons, the British Columbia government has decided to treat common law couples who meet this new definition of “spouse” the same for purposes of property division. To make matters even more confusing the British Columbia government has decided to change the rules of the game for married persons as well.
