Under the BC Family Law Act, common-law couples are granted many of the same legal rights as married spouses. This means that couples who have been in a marriage-like relationship—regardless of gender—are entitled to protections concerning property division, spousal support, child support, and parental responsibilities.
Before 2013, common-law partners did not automatically have the right to claim a 50% share of family property upon separation. Instead, they had to file claims under different legal frameworks, often leading to unpredictable outcomes. However, today’s legal landscape ensures that common-law spouses are entitled to fair and equitable division of assets and liabilities, similar to legally married couples.
Property and Debt Division in Common-Law Relationships
When a common-law relationship ends, the division of family property and debts is typically split 50/50, similar to a divorce. This applies to:
🏡 Family Property – Any assets acquired during the relationship or that increase in value while the couple is together.
💰 Debt Responsibilities – Any financial obligations accumulated while cohabitating are also divided equally.
For example:
- If one partner owned a home worth $200,000 before the relationship and its value increased to $1,000,000 during the relationship, they would retain their initial $200,000 and split the $800,000 appreciation equally with their former partner.
- If a couple accumulated $20,000 in debt, each partner would typically be responsible for repaying $10,000 after separation.
Spousal Support for Common-Law Partners
Spousal support for common-law relationships is determined using the Spousal Support Advisory Guidelines (SSAG). The amount and duration of support depend on various factors, including:
📌 The difference in income levels between partners
📌 The length of the relationship
📌 Whether children are involved
While online calculators, such as My Support Calculator, can provide estimates, consulting an experienced family lawyer in Surrey or Vancouver ensures an accurate assessment based on your specific circumstances.
Child Support for Common-Law Parents
Child support obligations are determined based on:
👨👩👧 Gross income of both parents
📅 Parenting arrangements – Whether the child lives primarily with one parent or shares time between both
- Primary residence: If one parent has the child more than 60% of the time, the other parent typically pays support.
- Shared parenting: If both parents have the child at least 40% of the time, support calculations adjust accordingly.
Understanding child support obligations is crucial for ensuring financial stability for children after separation.
Parental Responsibilities and Guardianship
Under the BC Family Law Act, both married and common-law parents can apply for parenting time and decision-making responsibilities for their child. The court prioritizes the best interests of the child, considering factors such as:
👶 The child’s emotional and physical well-being
💬 The child’s preferences, if appropriate
🤝 The relationship between the child and each parent
🏡 Stability and past caregiving history
⚖️ Impact of family violence, if applicable
In contrast, the Divorce Act—which applies to legally married couples—uses terms like custody and access, but the guiding principles remain similar.
When disputes arise over parenting time, legal representation ensures that your rights—and more importantly, your child’s best interests—are protected.
Protect Your Common-Law Rights with Legal Expertise
Navigating common-law separations can be complex, especially when it comes to financial matters and parenting arrangements. At City Law Group, we specialize in family law matters across British Columbia, providing expert legal guidance tailored to your situation.