Do common law spouses have the same rights as married spouses upon separation?
A couple is considered common-law after living together for more than three years or after having children together. On separation each of the common-law spouses have the right to claim spousal support, custody of the children, child support and may even adopt children. Common-law spouses do not have the protection of the family law act with respect to division of assets of the relationship, but canclaim unjust enrichment to allow a division of those assets.