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Difference between revisions of "Unmarried Spouses"
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For most provincial laws, the test is whether or not a particular couple are "spouses". Qualifying as a spouse might mean that you are entitled to the family rate for MSP, that you can share in your spouse's estate in the event your spouse dies or that you are no longer entitled to social assistance. | For most provincial laws, the test is whether or not a particular couple are "spouses". Qualifying as a spouse might mean that you are entitled to the family rate for MSP, that you can share in your spouse's estate in the event your spouse dies or that you are no longer entitled to social assistance. | ||
In general, for most but not all provincial laws you must have lived with your partner for at least two years to qualify as a spouse. (The laws about sharing in a spouse's property after his or her death also require the spouses to have been living together at the time of your spouse's death.) Here's the definition | In general, for most but not all provincial laws you must have lived with your partner for at least two years to qualify as a spouse. (The laws about sharing in a spouse's property after his or her death also require the spouses to have been living together at the time of your spouse's death.) Here's the definition from the ''Wills Variation Act'': | ||
<blockquote><tt>"spouse" means a person who</tt></blockquote> | |||
<blockquote><blockquote><tt>(a) is married to another person, or</tt></blockquote></blockquote> | |||
<blockquote><blockquote><tt>(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has lived and cohabited in that relationship for a period of at least 2 years.</tt></blockquote></blockquote> | |||
Here's the definition from s. 3 of the ''Family Law Act'': | Here's the definition from s. 3 of the ''Family Law Act'': | ||
<blockquote><tt> (1) A person is a spouse for the purposes of this Act if the person</tt></blockquote> | <blockquote><tt>(1) A person is a spouse for the purposes of this Act if the person</tt></blockquote> | ||
<blockquote><blockquote><tt> (a) is married to another person, or</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(a) is married to another person, or</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt> (b) has lived with another person in a marriage-like relationship, and</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) has lived with another person in a marriage-like relationship, and</tt></blockquote></blockquote> | ||
<blockquote><blockquote><blockquote><tt> (i) has done so for a continuous period of at least 2 years, or</tt></blockquote></blockquote></blockquote> | <blockquote><blockquote><blockquote><tt>(i) has done so for a continuous period of at least 2 years, or</tt></blockquote></blockquote></blockquote> | ||
<blockquote><blockquote><blockquote><tt> (ii) except in Parts 5 and 6, has a child with the other person. </tt></blockquote></blockquote></blockquote> | <blockquote><blockquote><blockquote><tt>(ii) except in Parts 5 and 6, has a child with the other person.</tt></blockquote></blockquote></blockquote> | ||
<blockquote><tt> (2) A spouse includes a former spouse. </tt></blockquote> | <blockquote><tt>(2) A spouse includes a former spouse.</tt></blockquote> | ||
And here's the definition from the ''Adult Guardianship Act'': | |||
<blockquote><tt>"spouse" means a person who</tt></blockquote> | |||
<blockquote><blockquote><tt>(a) is married to another person, and is not living separate and apart, within the meaning of the ''Divorce Act'', from the other person, or</tt></blockquote></blockquote> | |||
<blockquote><blockquote><tt>(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.</tt></blockquote></blockquote> | |||
As you can see, there are lots of subtle differences between these definitions, and can be very important to find out just how a particular law defines spouse. | |||
===Federal Legislation=== | ===Federal Legislation=== | ||
Most federal laws distinguish between ''spouses'', people who are legally married, and ''common-law partners'', who aren't. Qualifying as a common-law partner might mean that you are entitled to a share of your partner's CPP credits | Most federal laws distinguish between ''spouses'', people who are legally married, and ''common-law partners'', who aren't. Qualifying as a common-law partner might mean that you are entitled to a share of your partner's CPP credits, receive Old Age Security survivor's benefit or the spouse amount for the GST Credit. | ||
In general, you must have lived with your partner for at least one year to qualify as a common-law partner. Here's the definition from the ''Old Age Security Act'': | In general, you must have lived with your partner for at least one year to qualify as a common-law partner. Here's the definition from the ''Old Age Security Act'': | ||
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<blockquote><tt>"common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited with the individual for a continuous period of at least one year.</tt></blockquote> | <blockquote><tt>"common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited with the individual for a continuous period of at least one year.</tt></blockquote> | ||
Here's the definition from: | Here's the definition from the ''Income Tax Act'': | ||
<blockquote><tt>"common-law partner", with respect to a taxpayer at any time, means a person who cohabits at that time in a conjugal relationship with the taxpayer and </tt></blockquote> | |||
<blockquote><blockquote><tt>(a) has so cohabited throughout the 12-month period that ends at that time, or</tt></blockquote></blockquote> | |||
<blockquote><blockquote><tt>(b) would be the parent of a child of whom the taxpayer is a parent, if this Act were read without reference to paragraphs 252(1)(c) and (3) and subparagraph 252(2)(a)(iii),</tt></blockquote></blockquote> | |||
<blockquote><tt>and, for the purpose of this definition, where at any time the taxpayer and the person cohabit in a conjugal relationship, they are, at any particular time after that time, deemed to be cohabiting in a conjugal relationship unless they were living separate and apart at the particular time for a period of least 90 days that includes the particular time because of a breakdown of their conjugal relationship.</tt></blockquote> | |||
"Conjugal relationship" is the federal equivalent of British Columbia's "marriage-like relationship". | |||
===Common-Law Spouses=== | ==="Common-Law Spouses"=== | ||
The law in British Columbia doesn't talk about people who are ''common-law spouses'' and never has. Once upon a time, people could marry each other and create a legal relationship simply by agreeing to marry, without getting a licence from the government or having a particular kind of ceremony. Because the rights between the spouses came from principles established by the common law, these were known as common-law marriages. Common-law marriages were valid in England until the ''Marriage Act'' of 1753, better known by its full flowery name, ''An Act for the Better Preventing of Clandestine Marriage''. | The law in British Columbia doesn't talk about people who are ''common-law spouses'' and never has. Once upon a time, people could marry each other and create a legal relationship simply by agreeing to marry, without getting a licence from the government or having a particular kind of ceremony. Because the rights between the spouses came from principles established by the common law, these were known as common-law marriages. Common-law marriages were valid in England until the ''Marriage Act'' of 1753, better known by its full flowery name, ''An Act for the Better Preventing of Clandestine Marriage''. | ||
