Simply living together does not automatically make a couple “common law” for every legal purpose. When relationships end, questions about property division, support, and legal rights often depend on whether the law recognizes the relationship as a common law partnership.
When Are You Considered Common Law in Saskatchewan?
For the purposes of dividing family property and spousal support, people are generally considered to be common law spouses in Saskatchewan after they have lived together in a spousal relationship continuously for at least two years.
Continuous cohabitation does not necessarily mean couples must be physically together every day. Courts recognize that some couples may live apart temporarily because of employment, education, or other practical reasons while maintaining a committed spousal relationship. Whether cohabitation has remained continuous is a question of fact and will depend on the specific circumstances of each case.
For spousal support purposes, the law also recognizes individuals as common law spouses when the individuals have lived together in a relationship of some permanence when they are the parents of a child.
As a result, there is no single rule that applies in every situation. The legal issue being considered, such as property division or spousal support, may affect whether a person is considered a spouse under Saskatchewan law.
Is Living Together Enough?
Not necessarily.
Saskatchewan courts look beyond a shared address when determining whether a couple was living together as spouses. Courts examine the overall nature of the relationship and consider a variety of factors. Some of those factors include:
- Whether the parties shared a home and sleeping arrangements.
- Their personal relationship and day-to-day interactions.
- Whether they shared meals and cared for one another.
- How household responsibilities were handled.
- Whether they presented themselves socially as a couple.
- Their financial arrangements and level of economic interdependence.
- Their relationship with any children.
- Beneficiary designations, wills, powers of attorney, tax filings, health plans, and future plans made together.
Saskatchewan courts assess all the circumstances together. No single factor is determinative and not every factor needs to be present for a determination that individuals are common law spouses. The court will consider the overall picture of the relationship when deciding whether the parties cohabited as spouses.
Why Does Common Law Status Matter?
Whether a relationship qualifies as common law can significantly impact a person’s legal rights and obligations after separation. Issues that may be affected include:
- Division of family property.
- Claims for spousal support.
- Financial obligations between former partners.
- Limitation periods for bringing legal claims.
Determining whether a couple was in a common law relationship is often more complicated than counting the number of years they lived together. If you have recently moved in with a partner or are separated and are unsure about your rights and obligations, obtaining legal advice early can help you understand your options. Contact our Family Law Team to to assess your situation and understand how Saskatchewan’s family law legislation may apply to your relationship.
This article is intended for general informational purposes only and should not be taken as legal advice. It does not address the specific circumstances of any individual case and is not a substitute for obtaining advice from a qualified lawyer. Reading this article does not create a solicitor-client relationship, and you are encouraged to consult legal counsel before making any decisions regarding your legal rights or obligations.
