The BC family lawyers at the MacLean Family Law Group want unmarried persons, couples in short term, marriage like, or common law relationships and those who may simply be dating or having casual sexual relations to think very carefully about whether they want to be parents early on in a relationship. The stakes and consequences are now even bigger than before.
Besides the huge consequences and joys of raising a child after a short term relationship you may well face a spousal support obligation that may last until the child has graduated from high school or perhaps until at least the child is in Grade 1.
The new BC FAMILY LAW ACT legislation removes the 2 year time limit for being in a marriage like relationship that a couple had to have passed before spousal support liability was triggered. We now expect to see a flurry of arguments over whether a couple really was in a marriage like relationship or not given the short period of time they were together.
- For example what if a couple moves in together for a month and are in a hot and heavy relationship that results in pregnancy and then they break up. Obviously, child support should be paid but is this a case where long term spousal support should be payable?
- Conversely, we can’t have a spouse breaking up from a short term relationship upon learning of pregnancy simply to avoid any liability to pay spousal support to a parent who faces economic disadvantage from lost career and educational opportunities as a result of being a primary caregiver.
- What should happen if both parent’s share equally the duty to raise a child. This author thinks this is a case where no support should be payable. What do you think?
- Finally, we expect to see more spousal support claims from spouse’s involvement with someone other than their traditional “spouse” as a result off a child being born from a serious affair.
I have highlighted the new legislation for you and I want you to think hard about the impact of this new legislation on your new relationship!
The legislation is expected to be law within the next 18 months if it passes.
Spouses and relationships between spouses
3 (1) A person is a spouse for the purposes of this Act if the person
(a) is married to another person, or
(b) has lived with another person in a marriage-like relationship, and
(i) has done so for a continuous period of at least 2 years, or
(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.
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