Common-Law Recognition In New Brunswick

In New Brunswick, Canada, a common-law relationship is typically recognised after three years of living together, but this timeline can vary depending on individual circumstances, such as having children or a legal cohabitation agreement in place. The definition of a common-law relationship differs between provinces in Canada, and it's important to understand the specific laws and how they will affect your financial assets and domestic life.

Living together for three years

In New Brunswick, a common-law relationship is typically recognised after three years of living together. However, there are other conditions that must be met to be considered common-law. Firstly, the relationship must be a "conjugal relationship", meaning it should resemble a married couple's relationship. This includes indicators such as commitment to one another, sharing meals and household duties, and presenting yourselves as a committed couple.

It is important to note that the required length of time can vary depending on the specific context. For example, when filing personal income tax, the Canada Revenue Agency (CRA) considers individuals common-law after just one year of living together. On the other hand, when it comes to dividing property, there is no length of time that grants common-law couples the same rights as married couples in New Brunswick.

If you are considering common-law in New Brunswick, it is important to understand the laws of the province and how they will affect your financial assets and domestic life. A cohabitation agreement, a legally binding document outlining a couple's intentions and expectations, can help protect your assets and rights. This agreement should be written before moving in together and can include provisions such as property ownership and division, as well as support arrangements.

In terms of taxes, common-law couples in New Brunswick must file their own individual taxes and are not allowed to file jointly. When filing taxes, it is important to declare the correct marital status to avoid fines and denial of benefits. Additionally, if there are children involved, the spouse with the lowest net income is required to file for childcare expenses.

Conjugal relationship

In New Brunswick, a "conjugal relationship" is a type of common-law relationship. A common-law relationship is one where two people live together in an intimate relationship, but are not legally married to each other.

The amount of time a couple must live together before they are entitled to particular rights can vary. Some provincial laws recognise a common-law relationship after one year of living together, while others require two or three years. However, in New Brunswick, a legal obligation to support a common-law partner arises when they have lived together for three years and one person is substantially dependent on the other. This obligation arises after one year of living together if the couple has a child together.

To be recognised as a common-law couple in New Brunswick, the relationship must be a "conjugal relationship", meaning it needs to resemble a married couple's relationship. Indicators of a conjugal relationship include:

• Commitment to one another
• Sleeping in the same bed
• Having sexual relations
• Communicating on a personal level
• Sharing meals and household duties
• Providing financial support or combining finances
• Presenting yourselves to others as a committed couple

It is important to note that a common-law relationship in New Brunswick is independent of any legal formalities, including time requirements. This means that these relationships exist from day one of living together as a couple. However, the situation is different regarding mutual rights and obligations as a couple. The couple must live together for a certain period to acquire specific rights, such as spousal support.

Claiming spousal support

In New Brunswick, a couple must live together for three or more years to be considered common law for spousal support purposes. However, if the couple has children, there is no minimum timeframe for becoming eligible for spousal support.

Under the Family Services Act, spousal support may be payable when a common-law couple has lived together for three or more years. The amount of, and entitlement to, spousal support is the same for both married and common-law couples.

To be eligible for spousal support, one spouse must have been substantially dependent on the other. A judge will decide on spousal support by considering factors such as the length of the relationship, the education of both parties, income levels, net worth, employment history, and financial consequences of separation.

Spousal support is not an automatic right, and spouses are expected to provide for themselves if they are able to. However, a spouse who is unable to be self-supporting may be entitled to spousal support.

There are several ways to go about getting spousal support:

• Agreement: Spouses agree on the amount of spousal support, which can be set out in an agreement.
• Mediation: Help to work out an agreement may be available through mediation services in the community. A legal agreement must be in writing, signed by both parties, and witnessed.
• Lawyers: If spouses cannot agree on spousal support, they should seek legal help. Each spouse should hire a separate lawyer to negotiate support terms.
• Courts: If spouses cannot agree, they must apply to the court, and a judge will decide.

It is important to note that common-law couples in New Brunswick do not have the same property division laws as married couples. Living together for a certain period does not give a common-law partner any right to their partner's property. In the event of a separation, assets are not divided evenly but according to who originally owned them.

Filing personal income tax

In New Brunswick, common-law couples are not allowed to file taxes jointly. If you are in a common-law relationship, you must file your own individual taxes. You'll include your marital status and the personal information of your common-law partner on your taxes. Filing taxes with an incorrect marital status is considered fraud.

The CRA defines a common-law partner as someone of the opposite or same sex who has lived or is living with you as a spouse for at least 12 continuous months or who has been living with you and is the natural or adoptive parent of your child.

To prove your common-law status to the CRA, you must show that you live with your partner at the same main residence. You will need to prove that you have been living together for 12 consecutive months by the date of tax filing, December 31st of that year. If you have not yet met the minimum time by tax season, you should continue filing as single. If you have a child together, you don't need to meet the 12-month minimum.

When filing your taxes, you will need to complete Form NB428 – New Brunswick Tax and Credits. This form is used to calculate your provincial taxes and credits. You will also need to fill out Part B – New Brunswick non-refundable tax credits.

There are several non-refundable tax credits that may be applicable to common-law couples in New Brunswick, including:

• Spouse or Common Law Amount
• Amount for Eligible Dependant
• Amount for Infirm Dependants Age 18 or Older
• Canada Pension Plan Contributions
• Employment Insurance Premiums
• Pension Income Amount
• Disability Supplement Amount
• Interest Paid on Student Loans
• Tuition and Education Amounts
• Amount Transferred from Spouse or Common Law Partner
• Medical Expense Credit
• Overseas Employment Tax Credit

It is important to note that the criteria for common-law relationships can vary depending on the specific laws and policies being referred to. For example, while the CRA recognizes common-law couples after one year of living together, New Brunswick family law typically considers it to be a three-year commitment. This longer timeframe is relevant when it comes to issues such as spousal support and property division.

Claiming benefits under a partner's insurance policy

In New Brunswick, a common-law relationship is typically recognised after three years of living together. However, the required length of time can vary depending on the context. For instance, according to CRA (Canadian Revenue Agency), a couple is considered common-law after just one year of cohabitation for tax purposes.

When it comes to claiming benefits under a partner's insurance policy, the recognition of a common-law relationship and, by extension, eligibility for benefits, will depend on the specific wording in the insurance policy. Some insurance policies may require a couple to have lived together for one, three, or five years to qualify for benefits.

It is important to note that common-law couples in New Brunswick do not have the same rights as married couples when it comes to property division. Upon separation, common-law couples do not automatically split all property equally, and there is no presumption of equal division. However, if a common-law partner has contributed to the acquisition, development, or maintenance of a property through their labour, time, or money, they may be entitled to a share of that property.

Additionally, in the context of spousal support, a legal obligation arises in New Brunswick after a couple has lived together for three years, unless they have children together, in which case there is no minimum timeframe for becoming eligible for spousal support.

To summarise, when claiming benefits under a partner's insurance policy in New Brunswick, it is essential to carefully review the specific policy to understand the requirements for recognising a common-law relationship and the associated benefits. The definition of a common-law relationship and the resulting benefits can vary depending on the context, including tax laws, spousal support, and insurance policies.

Frequently asked questions