Rights, Obligations and Unknown Facts in a Separation or Divorce

The rights and obligations

• Property and debt. Family property and family debt are generally shared equally.
• Child support. Both parents must support their children, usually according to the Federal Child Support Guidelines tables, plus a share of special expenses such as childcare, medical costs and activities.
• Spousal support. Support may be payable depending on need, the length of the relationship, and roles during the relationship, such as one spouse staying home with the children.
• Parenting. Both parents usually remain guardians and share decisions about the children, with the child’s best interests as the only test.
• Financial disclosure. Each spouse must give full, honest and timely disclosure of income, assets and debts.
• Divorce. The only practical ground is one year of separation. Adultery or cruelty are technically grounds but are rarely used.

Things many people don’t know

• You can be separated while living under the same roof. What counts is that the relationship ended, shown by separate bedrooms, separate finances, and not presenting as a couple. For a divorce, you can also live together again for up to 90 days to try to reconcile without restarting the one-year clock.
• Leaving the home doesn’t mean giving it up. Moving out doesn’t reduce your ownership share. A spouse whose name isn’t on title can also register an entry under the Land (Spouse Protection) Act to prevent a sale without notice.
• Separation cancels gifts to your spouse in your will. Under BC’s Wills, Estates and Succession Act, separation revokes gifts to the spouse. However, beneficiary designations on RRSPs, pensions and life insurance don’t update themselves, so those need to be changed deliberately. The same applies to powers of attorney.
• Creditors aren’t bound by your agreement. Even if the separation agreement says your ex pays the joint line of credit, the bank can still come after you if they don’t. Joint cards and credit lines should be closed or frozen.
• Child support belongs to the child. Parents can’t waive it by agreement. It is also separate from parenting time: you can’t withhold time with the children because support wasn’t paid, and you can’t stop paying because you’re being denied time.
• Child support can continue past 19. In BC it can extend beyond the age of majority while a child is in full-time post-secondary education.
• A stepparent can owe child support. If they contributed to a child’s support for at least one year, they may have to pay. The claim must be made within one year of their last contribution.
• Unmarried couples have the same property rights after two years of living together. Many common-law couples assume they have no claim to each other’s property.
• There are strict deadlines. Married spouses have 2 years from the divorce order to claim property or spousal support. Unmarried spouses have 2 years from separation. Missing the deadline can end the claim.
• Moving with the children requires notice. A parent who wants to relocate with a child must give the other guardian 60 days’ written notice.
• CPP credits can be split. Canada Pension Plan contributions made during the relationship can be divided between spouses through Service Canada. Many people never apply.
• Affairs don’t affect the money. BC is no-fault, so misconduct generally has no effect on property division or support.
• Pets have their own rules. Since 2024, BC courts consider factors like who cared for a companion animal. They cannot order shared ownership or shared time with the pet.
• Tax and benefits must be updated. Your marital status with the CRA affects the Canada Child Benefit and GST credits. In shared parenting, the CCB can be split between the parents.