Do the common law rules apply to a relationship that has lasted for more than three years but with a four month separation in between. During the separation we were still together but living in two homes while we worked out the issues.
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A: If you lived together in a spousal like relationship for a period of 2 years or more, then you are considered to be common law spouses. A period of separation for 90 days or less during which reconciliation is attempted does not disrupt the 2 year requirement whereas a separation of more than 90 days prior to the completion of 24 months of cohabitation would restart the 2 year clock. As you indicate that you were “still together” during the 4 month period, it would appear that you were still in a spousal like relationship and that you are therefore common law spouses for purposes of the Family Law Act.