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What is a spouse?

Last updated on August 1, 2024

You are a spouse under the Family Law Act if:

  • You are or were married
  • You have lived with another person in a marriage-like relationship, sometimes called common-law, for a certain period of time

If you are common-law, you must have lived together for a minimum period of time to qualify as a spouse.

In order to be considered a spouse for the purposes of dividing property or debt you must have lived together in a marriage-like relationship for at least two years.

But if you are applying for spousal support, you are considered a spouse if you have lived together in a marriage-like relationship for less than two years and have a child together.

Under the law, the start date of a spousal relationship is the day two individuals begin living together in a marriage-like relationship, or the day they were married, whichever is first. The start date of a spousal relationship determines when rights or responsibilities start under the Family Law Act, particularly respecting property division.

Check out these resources from Legal Aid BC:

Visit a Justice Access Centre:

Talk with a family justice counsellor at a Family Justice Centre.

British Columbia has a central authority that assists left-behind parents whose children have been abducted across international borders. For more information, including contact information, please see International Child Abduction.