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Frequently Asked Question: Family Law

"I have lived with my boyfriend for 4 years and have just learned that he is seeing someone else. I want him to leave but I can't afford to live without his income. What do I do?"

Under the Family Law Act, "spouse" is defined as including a common law couple provided that you have lived together in a continuous conjugal relationship for at least 3 years. If you have a child together you simply need to show that you have lived together "in a relationship of some permanence". A conjugal relationship is considered to be "marriage-like" and there are a variety of factors to look at including your sexual relations, monogamy, living arrangements and so on.

If you are found to be a "spouse", you may be entitled to receive support from your boyfriend, even though you were never married. The test for paying support is based upon your need and his ability to pay. Courts will also look at how long your relationship was, whether you suffered any setback because of it (e.g. you left a good job, moved to Ottawa in order to be with your boyfriend and you have been unemployed for 5 years), your age and your ability to become self supporting.

For younger people, support orders tend to be time limited unless there is some reason why you are unable to get a job. The purpose of these support orders is to give you time to get back on your own feet. If you aren't working because you can't find a job you like, courts won't usually extend support. You are supposed to get a job. It doesn't matter if you like it.

For long term relationships and older people support tends to be somewhat longer and can, in certain circumstances, be awarded for life.

The foregoing offers legal information of general concern and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.