In Canada, common law spouses are couples who live together in a committed, conjugal relationship without being legally married. While these relationships often mirror marriages in terms of emotional and financial commitment, the legal rights of common law spouses differ significantly from those of married couples. Understanding your rights as a common law spouse is crucial, especially in matters such as property division, spousal support, and child custody if the relationship ends.
Our experienced family lawyers at Kavita V. Bhagat Family Law Solutions are here to guide you through these complexities, ensuring that your rights are protected and your interests are safeguarded.
What Defines a Common Law Spouse?
The legal definition of a common law spouse varies by province, but in most cases, common law status is recognized after the couple has lived together for a certain period (typically at least three years) or sooner if the couple has a child together. Common law couples do not require a formal ceremony or legal registration, but proving the relationship can involve providing evidence of shared finances, joint responsibilities, or cohabitation agreements.
What are the Key Legal Rights of Common Law Spouses?
Property Division
Unlike married couples, common law spouses in most provinces, including Ontario, do not have automatic rights to share in property acquired during the relationship. Property typically remains with the person who owns it, which can lead to disputes when the relationship ends. However, common law spouses may make a claim for an interest in the property if they can prove financial or non-financial contributions to its acquisition or maintenance. Our lawyers can help you understand your property rights and assist in making claims for fair compensation if necessary.
Spousal Support
Common law spouses may be entitled to spousal support (also known as alimony), depending on the length of the relationship or if the couple has children together. Generally, common law spouses must have lived together for at least three years, or for a shorter period if they share a child and the relationship is deemed permanent. Spousal support is based on factors such as financial dependency, contributions to the household, and future financial needs. We can assist you in securing or contesting spousal support based on your specific circumstances.
Child Custody and Support
Common law spouses who have children are subject to the same legal rules regarding child custody, parenting time, and child support as married couples. The law prioritizes the best interests of the child, and both parents are legally required to support their children financially, regardless of their marital status. Our team can help negotiate fair and supportive child custody arrangements and ensure that child support calculations are accurate and in line with legal guidelines.
Inheritance Rights
Unlike married spouses, common law spouses do not automatically have inheritance rights unless they are named in a will. If one common law partner passes away without a will, the surviving partner may not have a legal claim to their estate. Proper estate planning, including the creation of wills and other legal documents, is essential for common law couples to protect their financial future. Our lawyers can help you draft and enforce legal documents that secure your financial security.
Pension and Benefit Entitlements
In certain cases, common law spouses may be entitled to a portion of their partner’s pension, health benefits, or other financial entitlements upon separation or death, depending on federal or provincial laws. This can include CPP (Canada Pension Plan) benefits, employer pensions, and extended health benefits. We provide guidance on how these benefits apply to common law spouses and assist in securing any entitlements you may have.
Why Choose Our Family Lawyers?
Our team of family lawyers has extensive experience handling the unique legal challenges that common law spouses face. We understand the complexities of common law rights and provide tailored advice to help you protect your financial and personal interests. We assist in resolving property disputes and ensuring you receive fair compensation for contributions made during the relationship. Whether you are seeking spousal support or defending against a claim, we offer personalized advice and representation to achieve a fair outcome. We help negotiate custody arrangements that prioritize the well-being of your children and ensure appropriate child support is established.
At Kavita V. Bhagat Family Law Solutions, we also provide estate planning services to help common law couples secure their financial future through wills, powers of attorney, and other legal documents.
Protect Your Rights as a Common Law Spouse
As a common law spouse, understanding your legal rights and obligations is essential to protecting your interests, particularly if the relationship ends. Whether you are seeking property division, spousal support, or need assistance with child-related issues, our experienced family lawyers are here to guide you through every step of the legal process. If you have questions about your rights as a common law spouse or need assistance with separation, contact us today to schedule a consultation with one of our skilled family lawyers.