We have more ways than ever to describe our romantic relationships—married, common‑law, separated, reconciled, living apart, still “together.” Real life rarely fits neatly into legal boxes. Yet when someone dies, the law demands an answer to a very specific question: who counts as a spouse?
In British Columbia, spousal status matters a lot. Being a spouse comes with added rights and entitlements when someone passes away. Someone who believed they were a spouse, but didn’t meet the test, can be left with nothing.
Marriage is one way to become a spouse, but it’s not the only one. “Marriage-like” relationships (often referred to as “common law” marriages) also come with spousal rights. But when do those relationships start, and when do they end?
These FAQs are designed to clarify how BC estate law approaches modern relationships—and to help you understand where you stand before assumptions turn into costly surprises.
Q: When Are You a Spouse Under BC Law?
Under BC law, a person is a spouse if they are legally married or have lived with another person in a marriage-like relationship for at least two continuous years. (Note, however, that having a child together can shorten that two-year requirement for some purposes.) In British Columbia, the term “common-law spouse” means a couple who is not formally married but are still legally recognized as spouses because they meet this test.
Q: What Is a Marriage-Like Relationship?
There is no checklist or single defining feature to determine if a relationship is marriage-like. Courts recognize that modern relationships take many forms, and each case turns on its specific facts. For example, in Matossian Estate v. Clark Estate, 2024 BCSC 2214, the court found that a marriage-like relationship existed even though the couple did not live together, kept their finances separate, had named other beneficiaries on their accounts, and filed taxes as “single.” However, because the couple was highly committed to one another, exclusive, and intimate, their relationship was found to be marriage-like.
Q: What Estate Rights Does a Spouse Have?
Under the Wills, Estates and Succession Act, common-law spouses have the same rights as a married spouse, including the ability to challenge a will that does not make adequate provision for them, or, if there is no will, to automatically inherit a portion (or all, depending on the circumstances) of their deceased spouse’s estate.
Q: When Does Spousal Status End?
Spousal status ends upon separation, which occurs when at least one spouse forms the intention to end the relationship and communicates that intention—by words or conduct—to the other spouse. Living together does not prevent separation, and living apart does not automatically prove it. Courts look at what actually changed in the relationship, including changes in their level of intimacy and support, their social lives, separating their finances, and attempts at reconciliation.
Q: What Happens If I Separate From My Spouse?
Separation can have serious estate consequences. Unless a will clearly states otherwise, gifts to a former spouse may be considered revoked, along with their appointments as executor or power of attorney. This can lead to unintended outcomes, including partial intestacy or assets passing to unintended beneficiaries.
Q: What Should I do If I Have More Questions?
If your relationship status may be open to interpretation, you should speak to a lawyer about your estate plan. Ambiguity creates risk, conflict, and expense for those you leave behind. Our estate and family law team can help clarify your legal status, structure your estate plan intentionally, and ensure your wishes are carried out—without leaving room for costly disputes.
Q: Am I in a marriage-like relationship and how will that affect my estate planning?
If you are worried that your relationship status may be open to interpretation and concerned about the ramifications that may have on your estate planning, we recommend speaking to our team of estate and family lawyers for insight. We can prevent disagreements by ensuring that your plans and intentions are clear. Contact a member of our Wills & Estates team – we’re here to help.