Difference between revisions of "Couples Who Are Not Spouses: Your Income, Support and Property Rights"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = Thomas E. Wallwork|date= August 2017}} {{Dial-A-Law TOC|expanded = relationships}}
 
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Not all couples who live together meet the definition of “spouse” under BC’s family law. For these couples, learn your entitlement to benefits and what happens if you split up.
Not all couples who live together meet the definition of “spouse” under BC’s family law. For these couples, learn your entitlement to benefits and what happens if you split up.


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If you fall within this definition and you qualify for income assistance, you would get it at the rate for a couple or family, and not as two single people.  
If you fall within this definition and you qualify for income assistance, you would get it at the rate for a couple or family, and not as two single people.  


You have the right to challenge the welfare office’s decision. For step-by-step guidance, see our information on [[Income Assistance: Reconsiderations and Appeals (Script 288)|income assistance reconsiderations and appeals (no. 288)]].
You have the right to challenge the welfare office’s decision. For step-by-step guidance, see our information on [[Income Assistance: Reconsiderations and Appeals (No. 288)|income assistance reconsiderations and appeals (no. 288)]].


If you claim welfare as a single person when you’re actually living with someone else as a couple, and your relationship is discovered, you may be required to repay any benefits you have received. You may also face a civil court case or even criminal charges, and you could be refused future services by the welfare Ministry.
If you claim welfare as a single person when you’re actually living with someone else as a couple, and your relationship is discovered, you may be required to repay any benefits you have received. You may also face a civil court case or even criminal charges, and you could be refused future services by the welfare Ministry.
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'''Old Age Security''' provides Canadian residents with a monthly pension beginning at age 65. People between age 60 and 64 whose spouse qualifies for a low income pension supplement can receive an “'''allowance'''” benefit. To qualify for the allowance as a spouse, you need to be living together for '''one year'''.
'''Old Age Security''' provides Canadian residents with a monthly pension beginning at age 65. People between age 60 and 64 whose spouse qualifies for a low income pension supplement can receive an “'''allowance'''” benefit. To qualify for the allowance as a spouse, you need to be living together for '''one year'''.
   
   
For more information on Old Age Security benefits, see our information on [[Senior Law and Elder Abuse (Script 239)|the laws affecting older adults (no. 239)]].
For more information on Old Age Security benefits, see our information on [[Seniors' Rights and Elder Abuse (No. 239)|the laws affecting older adults (no. 239)]].


Private pension plans generally do not provide benefits for people who are not spouses.
Private pension plans generally do not provide benefits for people who are not spouses.
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*lived in a marriage-like relationship with your partner and had a child with them.
*lived in a marriage-like relationship with your partner and had a child with them.


See our information on [[Spousal Support (Script 123)|spousal support (no. 123)]] for the factors that go into a support award.
See our information on [[Spousal Support (No. 123)|spousal support (no. 123)]] for the factors that go into a support award.


===Your rights to property acquired during the relationship===
===Your rights to property acquired during the relationship===
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If you separate, you may have to go to court to sort out some of your support rights and perhaps your property rights. Family Court is a part of the BC Provincial Court, where you can settle many questions dealing with support for you and your children, plus guardianship, parenting arrangements, and contact. Family Court '''can’t''' deal with property issues and it can’t make orders about who will live in the family home. For this, you’ll have to go to BC Supreme Court.
If you separate, you may have to go to court to sort out some of your support rights and perhaps your property rights. Family Court is a part of the BC Provincial Court, where you can settle many questions dealing with support for you and your children, plus guardianship, parenting arrangements, and contact. Family Court '''can’t''' deal with property issues and it can’t make orders about who will live in the family home. For this, you’ll have to go to BC Supreme Court.


For more on going to court, see our information on [[Family Court (Script 110)|Family Court (no. 110)]].
For more on going to court, see our information on [[Family Court (No. 110)|Family Court (no. 110)]].


===Do I need to make a will?===
===Do I need to make a will?===
If you want to make sure your partner and children are taken care of after your death, you need to make a '''will'''. In your will, you can say who you want your property to go to. You can also name a guardian who’ll be legally responsible for your children after you and your partner die.   
If you want to make sure your partner and children are taken care of after your death, you need to make a '''will'''. In your will, you can say who you want your property to go to. You can also name a guardian who’ll be legally responsible for your children after you and your partner die.   


For more, see our information on [[Making a Will and Estate Planning (Script 176)|making a will (no. 176)]] and [[What Happens When You Die Without a Will? (Script 177)|what happens when you die without a will (no. 177)]].
For more, see our information on [[Preparing a Will and Estate Planning (No. 176)|preparing a will (no. 176)]] and [[When Someone Dies Without a Will (No. 177)|what happens when you die without a will (no. 177)]].


==Get help==
==Get help==
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:Web: [http://www.legalaid.bc.ca/ legalaid.bc.ca]
:Web: [http://www.legalaid.bc.ca/ legalaid.bc.ca]


[updated August 2017]
'''The above was last reviewed for legal accuracy by Thomas E. Wallwork.'''
   
   
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