In BC, common-law couples are afforded many of the same rights as married couples under the Family Law Act. This includes the potential for spousal support if the relationship ends.

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Spousal support, a form of financial assistance provided by one partner to the other after separation, aims to address financial imbalances that may arise following a breakup.  Depending on the specific circumstances, this support can be either short-term or long-term.

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Common-law partners in BC can apply for spousal support if they’ve lived together in a marriage-like relationship for a continuous period of two years or have a child together.  However, spousal support is not automatically granted – it is contingent on the unique details of the relationship and the needs of the individuals involved.

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Spousal Support Entitlement

Entitlement to spousal support can fall into several categories:

1. Contractual Entitlement: arises if the couple has an agreement that outlines spousal support; courts generally honour this agreement unless it is deemed unfair.
2. Compensatory Entitlement: applies when one partner has made sacrifices during the relationship, such as foregoing career opportunities to support the household or care for children.  If these sacrifices result in economic disadvantage, compensatory support may be awarded.
3. Non-Compensatory or Needs-Based Entitlement: is determined based on financial need; if one partner struggles financially after the separation, they might receive support to help maintain a standard of living similar to what they had during the relationship.

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Courts consider various factors when determining spousal support, including the length of the relationship, the financial circumstances of both partners, their roles during the relationship, the needs of the lower-income partner, and the paying partner’s ability to provide support.  Each case is evaluated individually to achieve fairness.

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If you are in a common-law relationship and have concerns about spousal support, it’s important to understand your rights and entitlements.  Seeking legal advice can provide you with the clarity and guidance needed to navigate this process effectively and ensure your interests ar

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