Regardless of whether you are married spouse or a common-law spouse, the end of the relationship is deemed to be a separation. In BC, the date of separation is generally considered to be the date when one spouse coveys to the other spouse, either through words or actions, of their intention to end the relationship permanently.
Two spouses can be separated but still be living in the same home (just as two spouses can be living in separate homes but still be in a relationship together).
Did you know?
You are considered to be a common-law spouse (for the purpose of being able to claim support and property/debt division) if you have lived in a “marriage-like relationship” with another person for at least two years. You are considered to be a common-law spouse for CRA and tax purposes if you have lived together for at least one year.
If you are married and you have separated from your spouse, you must take the additional step of legally ending your marriage by applying for and obtaining an order for divorce from the Supreme Court of British Columbia. You must have been separated from your spouse for at least one year before a court will grant you a divorce. Also, if you have children, you must prove to the court that you have an arrangement in place with your ex-spouse (either by way of a separation agreement or a court order) for the care and financial support of the children, as the court will not grant the divorce until they are shown a copy of the agreement or order.
Did you know?
Common-law spouses have two years from the date of separation to file any claim for spousal support and/or property/debt division with the court. Married spouses have two years from the date of divorce to file the same claims.