Difference between revisions of "Unmarried Spouses"
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==Rights and Responsibilities of Unmarried Spouses== | ==Rights and Responsibilities of Unmarried Spouses== | ||
Providing a couple qualify as spouses, either party is entitled to seek an order for spousal support under the Family | Providing a couple qualify as spouses, either party is entitled to seek an order for spousal support under the ''Family Law Act'' or to ask for an order that a stepparent pay child support for the benefit of the child of a spouse. The rules that apply to an unmarried spouse's claim for spousal support or for child support from a stepparent are exactly the same as those that apply to married spouses. | ||
An unmarried couple who have lived together for at least two years can also ask for an order about the division of property and debt. The rules that apply to an unmarried spouse's claim for the division of property and debt are exactly the same as those that apply to married spouses. | |||
If an unmarried couple has had a child together, they are parents who are entitled, just because they are parents, to ask for orders about the care of the child and for child support. The rules that apply to determine guardianship, the distribution of parenting arrangements and contact are exactly the same as they are for any other parents, including parents who are married. | |||
==Government Benefits== | |||
The fact that a couple live together may entitle one or both of them to certain benefits paid by the federal or provincial government of they qualify as spouses. It can also expose them to the prospect of losing those benefits, most notably social assistance payments. | The fact that a couple live together may entitle one or both of them to certain benefits paid by the federal or provincial government of they qualify as spouses. It can also expose them to the prospect of losing those benefits, most notably social assistance payments. | ||
===Social Assistance=== | |||
The ministry which administers the Employment and Assistance Act and is responsible for social assistance often treats anyone living together as a couple as being in a common-law relationship, whether you are or aren't. This will decrease, and sometimes cancel, your benefit entitlement under the "spouse in the house" rule. As soon as you and your partner — or the person the ministry claims is your partner — stop living together, the ministry will usually return to treating you as single. | The ministry which administers the Employment and Assistance Act and is responsible for social assistance often treats anyone living together as a couple as being in a common-law relationship, whether you are or aren't. This will decrease, and sometimes cancel, your benefit entitlement under the "spouse in the house" rule. As soon as you and your partner — or the person the ministry claims is your partner — stop living together, the ministry will usually return to treating you as single. | ||
===Employment Insurance=== | |||
EI applies the same standard to common-law couples as it does to married couples. | EI applies the same standard to common-law couples as it does to married couples. | ||
===Canada Pension Plan=== | |||
Common-law couples may share in each other's pension benefits, however this sharing is not automatic. You must apply to share your CPP credits with your spouse. | Common-law couples may share in each other's pension benefits, however this sharing is not automatic. You must apply to share your CPP credits with your spouse. | ||
There may be positive income tax consequences if you elect to share your CPP benefits. You will be eligible to share your pension if you have been living togther as a couple for at least one year and you are both at least 60 years old. | There may be positive income tax consequences if you elect to share your CPP benefits. You will be eligible to share your pension if you have been living togther as a couple for at least one year and you are both at least 60 years old. | ||
===Old Age Security Pension=== | |||
The Old Age Security Pension is available to people who are at least 65 years old. You may be entitled to receive the amount for a couple rather than for two single people if you have been living together as a couple for at least one year. | The Old Age Security Pension is available to people who are at least 65 years old. You may be entitled to receive the amount for a couple rather than for two single people if you have been living together as a couple for at least one year. | ||
===MSP and Medical and Dental Benefits=== | |||
The Medical Services Plan will cover your partner on your plan without any minimum limit on the length of time you've been living together, although you must have signed your partner up on the plan and must pay the family rate rather than the single rate. | The Medical Services Plan will cover your partner on your plan without any minimum limit on the length of time you've been living together, although you must have signed your partner up on the plan and must pay the family rate rather than the single rate. | ||
If you or your partner receive any workplace medical or dental insurance coverage, check with the plan adminstrator to see if common-law partners are eligible beneficiaries under your plan. | If you or your partner receive any workplace medical or dental insurance coverage, check with the plan adminstrator to see if common-law partners are eligible beneficiaries under your plan. | ||
===ICBC Death Benefits=== | |||
A surviving common-law partner can apply to receive death benefits from ICBC when the other party is killed in a car accident, regardless of whose fault the accident was. | A surviving common-law partner can apply to receive death benefits from ICBC when the other party is killed in a car accident, regardless of whose fault the accident was. | ||