“Under provincial law, common-law partners in Quebec are not entitled to spousal support when they separate. (In Quebec, common-law partners are usually referred to as "de facto spouses.") In other provinces and territories, a common-law partner may be eligible for spousal support from the other partner. This may depend on how long the couple lived together before they separated. For example, in some provinces and territories a common-law couple must live together for two or three years before either partner is eligible for spousal support.
Provincial and territorial rules vary across Canada. You are encouraged to check the website of your provincial or territorial Ministry of Justice or Attorney General for this information or you may contact a lawyer.”
As defined in Ontario’s Family Law Act, a couple is considered to be in a common law relationship in Ontario after living together for at least three continuous years. If they have a child together by birth or adoption, they only need to have been living together for one year.
What is common law in British Columbia?
As defined in British Columbia’s Family Law Act, a couple is considered to be in a common law relationship in BC after living together in a marriage-like manner for at least two continuous years, or if they’ve lived together for less than two years but have a child together.
What is common law in Alberta?
As defined in the Adult Interdependent Relationships Act, a common law relationship in Alberta is called an Adult Interdependent Relationship. A couple is considered to be in an Adult Interdependent Relationship if you have made a formal and valid Adult Interdependent Partner agreement together, have lived together in a relationship of interdependence for at least three continuous years, or have lived together in a relationship of interdependence of some permanence where there is a child of the relationship (either by birth or adoption).
What is common law in Manitoba?
As defined in Manitoba’s Family Property Act, a couple is considered to be in a common law relationship if they have registered their relationship at the Vital Statistics Agency or if not registered, have lived together for at least three years, or one year if the couple has a child together.
What is common law in New Brunswick?
As defined in New Brunswick’s Family Services Act, a couple is considered to be in a common law relationship after living together continuously for at least three years or have a child together and are in a relationship of some permanence.
What is common law in Nova Scotia?
As defined in Nova Scotia’s Maintenance and Custody Act, a couple is considered to be in a common law relationship if they live together in a marriage-like relationship and publicly refer to themselves as partners or spouses. However, how long the couple must live together can vary depending on the issue being addressed.
What is common law in Saskatchewan?
As defined in Saskatchewan’s Family Property Act, a couple is considered to be in a common law relationship after living together continuously for at least two years.
What is common law in Quebec?
In Quebec, common law relationships are often referred to as a defacto union. You are considered common law in Quebec for tax purposes after living together continuously for at least two years. It’s very important to note that in Quebec, unless you’re legally married, your spouse will be entitled to nothing if you pass away. Learn more about marital status and wills in Quebec here.
common law partner A and B 有一娃14岁,在同一 屋檐下住了16年,男方收入大约是female 两倍;现在女方因工作原因必须去外地工作,男方不同意,两人关系破裂,两人都是政府部门,男方有很可观的退休金,女方自己的退休金很少,分居后男方的退休金是不是必须补贴给女方?
法律承认的,是common law marriage。(假设你们州承认common law marriage。很多州并不承认)。https://www.findlaw.com/family/marriage/common-law-marriage-states.html
现在你们什么婚姻证书也没有,法律上的假设是没有婚姻。女方要想拿钱,必须先去打官司证明两个人有婚姻,然后再打官司说两个人要离婚,才可以。
如果法庭认定有这个婚姻,男方的退休金才有可能给你一些。
有婚姻的就有财务共享,就没有必须去工作的说法。女方说必须去外州工作,不去就要分开,这样似乎不支持她说她有common law marriage。
总之,自己保重。
加拿大虽然承认common law partnership,但是也认为common law partnership比婚姻要弱很多。一般没有财产分割,只有一些公平法则,比如如果他收入是你的两倍,他可以说共有财产他的贡献多所以应该多分一些。退休金似乎分不到。
https://www.separation.ca/help-center/division-of-property/common-law-relationships-division-of-property/
请自己咨询当地律师
对比允许common law marriage的美国州,如果被认为有marriage,那么可以正大光明地分。
Single or couple ? 加拿大是????认事实婚姻的
https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ss-pae.html
其中说:
“Under provincial law, common-law partners in Quebec are not entitled to spousal support when they separate. (In Quebec, common-law partners are usually referred to as "de facto spouses.") In other provinces and territories, a common-law partner may be eligible for spousal support from the other partner. This may depend on how long the couple lived together before they separated. For example, in some provinces and territories a common-law couple must live together for two or three years before either partner is eligible for spousal support.
Provincial and territorial rules vary across Canada. You are encouraged to check the website of your provincial or territorial Ministry of Justice or Attorney General for this information or you may contact a lawyer.”
What is common law in Ontario?
As defined in Ontario’s Family Law Act, a couple is considered to be in a common law relationship in Ontario after living together for at least three continuous years. If they have a child together by birth or adoption, they only need to have been living together for one year.
What is common law in British Columbia?As defined in British Columbia’s Family Law Act, a couple is considered to be in a common law relationship in BC after living together in a marriage-like manner for at least two continuous years, or if they’ve lived together for less than two years but have a child together.
What is common law in Alberta?As defined in the Adult Interdependent Relationships Act, a common law relationship in Alberta is called an Adult Interdependent Relationship. A couple is considered to be in an Adult Interdependent Relationship if you have made a formal and valid Adult Interdependent Partner agreement together, have lived together in a relationship of interdependence for at least three continuous years, or have lived together in a relationship of interdependence of some permanence where there is a child of the relationship (either by birth or adoption).
What is common law in Manitoba?As defined in Manitoba’s Family Property Act, a couple is considered to be in a common law relationship if they have registered their relationship at the Vital Statistics Agency or if not registered, have lived together for at least three years, or one year if the couple has a child together.
What is common law in New Brunswick?As defined in New Brunswick’s Family Services Act, a couple is considered to be in a common law relationship after living together continuously for at least three years or have a child together and are in a relationship of some permanence.
What is common law in Nova Scotia?As defined in Nova Scotia’s Maintenance and Custody Act, a couple is considered to be in a common law relationship if they live together in a marriage-like relationship and publicly refer to themselves as partners or spouses. However, how long the couple must live together can vary depending on the issue being addressed.
What is common law in Saskatchewan?As defined in Saskatchewan’s Family Property Act, a couple is considered to be in a common law relationship after living together continuously for at least two years.
What is common law in Quebec?In Quebec, common law relationships are often referred to as a defacto union. You are considered common law in Quebec for tax purposes after living together continuously for at least two years. It’s very important to note that in Quebec, unless you’re legally married, your spouse will be entitled to nothing if you pass away. Learn more about marital status and wills in Quebec here.
可以谷歌一下(common law separation in "your province") 自己省里的法则。比如
BC省:
https://www.willful.co/learn/common-law-bc
安省:
https://www.separation.ca/help-center/separation/common-law-separation/
等等。
觉得是很复杂的,最好找一个靠谱的当地律师咨询,争取到自己应有的待遇。
但是如果他不愿意,就需要走法律程序,这是一个花钱,有点慢的过程。其实我更想说的是,你的小孩应该很快就要上大学了吧,在美国上大学的学费与你和小孩父亲的收入有关,总的来说会比加拿大贵不少。如果你是为了去美国多挣点,也许这多余的部分都会变成小孩子的学费了。
也没有强制执行机制。