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For most provincial laws, the question is whether or not a particular couple are “spouses
- . for at least three years,
- have lived with someone else.
- . in a “relationship of some permanence” and.
- . have had a child together,
- have signed an adult interdependent partner agreement with someone else.
As a result of these definitions, and how they change depending on the legislation you’re looking at, people might qualify as “common-law partners” under the Canada Pension Plan but not as “spouses” under British Columbia’s Family Law Act, or they might qualify as “partners” under the Family Law Act of Newfoundland and Labrador but not as “adult interdependent partners” under Alberta’s Family Property Act.
I know that this is more than a little confusing, but what it boils down to is the question “Do I qualify as ______ for the purposes of ______ legislation?,” and to answer that question you usually have to read that legislation very carefully. Read More >