These decisions provide useful guidance for separating common-law partners who have not lived together to determine whether or not their relationship meets the definition of « spouse » under the Family Law Act, allowing them to apply for spousal support. The absence of a common residence is not decisive for whether the parties live together. Couples may not officially share a residence, but we can still find that they « live together ». In addition, it may be enough to live temporarily in a dormitory to determine that the parties « live together ». For example, living in a cottage or holiday home may still be enough to support a determination to « live together » only for part of the year. It is clear that the Court will take a contextual and flexible approach to determining whether a common law relationship is a conjugal relationship. Under Ontario`s Family Law Act, the common law requires spouses to support not only themselves but also the other spouse.1 The definition of spouse includes « two persons who are not married to each other and who have lived together continuously for at least three years. » [2] Living together under family law means « living together in a conjugal relationship, whether inside or outside a marriage. » [3] These decisions do not mean that partners in serious long-term relationships who do not live together should be immediately concerned that they will be considered spouses in the eyes of the courts. The threshold for establishing cohabitation remains high if the parties maintain separate residences. The courts will examine the relationship as a whole and all the individual dynamics and peculiarities that characterize it to assess how deeply involved a particular couple is. However, if you`re in a serious partnership, it doesn`t hurt to consider the long-term legal implications. Similar to a marriage or cohabitation agreement, an « alternative arrangement » could be helpful! But when it comes to maintenance obligations to each other, life partners and spouses are equal before the law; the definition of « spouse » may include both for these purposes.
Although living together means living together continuously, from time to time, either partner may have left home for work or business trips, family obligations, etc. Separation should be temporary and short. Therefore, the definition of « living together » is not as simple as you might think. Not sure about all the legal implications of your common law partnership? If you are considering moving in with your partner and would like to discuss a cohabitation contract, the professionals at Galbraith Family Law are here to help. For a consultation, call (289) 802-2433 in the Newmarket area or (705) 302-1102 in Barrie. You can also send a message via our website. The > « spouse » requires three years of « living together » > what « living together » implies in a conjugal relationship. It should be noted that even if you meet the definition of « spouse » in the Family Law Act, this does not necessarily mean that you are automatically entitled to spousal support. It simply means that you have the legal right to apply for spousal support. Further legal analysis is then needed to determine if you qualify for spousal support, looking at the means and needs of both parties, among other things. As in many family law cases, the individual facts of each case are important. Under section 29 of Ontario`s AFLA, the definition of « spouse » includes one of two persons who are not married to each other and who have lived together continuously for at least three years or who are in a relationship of some permanence if they are the parents of a child.
This is similar to British Columbia`s Family Law Act, although the length of living together in British Columbia.C is two years, not three years. Article 1(1) of the FLA states that the expression `living together` means living together in a conjugal relationship, whether inside or outside marriage. According to case law, the definition of a common-law partner should be read as « a person who (habitually) lives together ». After determining the length of one year of living together, the partners can live separately for a period of time while maintaining a common law relationship. For example, a couple may have been separated because of the illness or death of a family member, adverse living conditions in the country (para. B example, war, political unrest) or for reasons related to employment or education and not living together at the time of demand. Despite the breakdown of cohabitation, a common law relationship exists when the couple has lived together continuously in a conjugal relationship for at least one year in the past and intends to do so again as soon as possible. There should be evidence that both parties are continuing the relationship. Let`s start with the definition of « spouse, » which, under Ontario`s Family Law Act, can mean things that may mean things that are slightly different depending on the context.
To live together is to live together in a marriage-like relationship, but without getting married. It is often called « living together » or « living under customary law ». In addition, the determination of coexistence can trigger property rights. For example, cohabiting couples (or, as they are often called, common-law partners) may seek a reasonable remedy called « unjust enrichment » to obtain an interest in the other party`s property, or compensation for services provided in connection with the acquisition, maintenance or improvement of that property. For more information, see my bulletin « Common Law Couples – Has Ownership Changed? » As mentioned above, the « living together » component is part of the definition of « living together ». The broader premise, however, is that « living together » must be in the context of a conjugal relationship […].