Is cohabitation necessary for someone to be legally recognized as a spouse in BC?

In British Columbia, the recognition of a common-law spouse does not necessarily require cohabitation as a legal prerequisite. A couple can be recognized as spouses under the Family Law Act even if they do not live together continuously. The Act outlines that two people are considered to be in a marriage-like relationship if they have lived together in a marriage-like relationship for a period of time or if other significant factors establish that they are effectively functioning as a couple.

This understanding is rooted in the recognition of the nature of relationships in contemporary society, where couples might define their partnerships in ways that do not always include cohabitation due to various circumstances such as work commitments or personal preferences. The important aspect is the mutual commitment and intention to share a life together, rather than merely residing at the same address.

This option reflects the broader approach taken by family law in BC, which allows for flexibility and acknowledges that marital-like relationships can exist without traditional cohabitation arrangements.