The answer to this question is not as simple as it may seem, and there is a lot of misinformation online. Some sources say that common law spouses have all of the same rights as married spouses, but it’s important to distinguish between the three different types of spouses in British Columbia, which are outlined in Section 3 of the Family Law Act:

(1) Married: Pursuant to s. 3(b)(a) of the Family Law Act, if you are legally married to someone, you are “spouses” – even if you do not have children together and/or have never lived together.

(2) Common law spouses under s. 3(b)(i): partners who have lived together “in a marriage-like relationship” (generally speaking, in a romantic relationship) for at least two consecutive years, whether or not they have a child (or children) together; or

(3) Common law spouses under s. 3(b)(ii): partners who cohabited in a “marriage-like relationship” for less than two consecutive years, but they have a child together.

If you and your partner are common law spouses under s. 3(b)(i) (spouses who have lived together in a marriage-like relationship for at least two years), you and your partner have the same legal rights and obligations as married spouses. The only difference is that married couples can seek orders under the Divorce Act or the Family Law Act, whereas common law spouses cannot seek orders under the Divorce Act.

If you and your partner are common law spouses under s. 3(b)(ii) (spouses who cohabited in a “marriage-like relationship” for less than two consecutive years but have a child together), some sources online may tell you that you can only seek orders regarding the children (such as orders regarding child support or parenting arrangements) and spousal support, but this is an oversimplification of your rights. You and your spouse can each seek orders under any section of the Family Law Act, except for orders regarding the division of family property, debts, or pensions. For example, you can seek orders under the following parts of the Family Law Act:

Part 2: Orders regarding dispute resolution, such as an order for the appointment of a parenting coordinator or orders regarding arbitration.

Part 3: Orders regarding parentage, such as orders determining who the legal parents of a child are in cases of adoption, assisted reproduction, or after the death of a parent.

Part 4: Orders regarding care and time with children, such as orders regarding parenting time (for guardians); contact time (for non-guardians); parental responsibilities; guardianship; relocation; and child abduction.

Part 7: Orders regarding child and spousal support.

Part 8: Orders regarding a child’s property.

Part 9: Orders regarding protection from family violence.

Part 10: Orders regarding court processes. For example, applications to join proceedings when litigation has been commenced in more than one jurisdiction or there are: (a) orders in both Provincial and Supreme Court; (b) orders regarding the two-year statute of limitations for spouses to seek spousal support or the division of property and debt within two years of the date of separation (or divorce); (c) orders regarding the appointment of a lawyer for a child; (d) orders enforcing compliance with previous court orders or written agreements; (e) orders regarding Indigenous Matters; (f) orders regarding expert reports and disclosure; (g) applications for interim orders; (h) applications to vary, terminate, or suspend orders; (i) orders preventing the misuse of the court process; (j) orders regarding conduct; (k) orders regarding appeals; (l) and orders requiring a party to disclose information.

See What is a marriage-like relationship? and What is my “Date of Cohabitation” and what is my “Date of Separation”?