A separation after twenty or thirty years together raises a particular set of questions. The children may be grown, so parenting is not the issue it would be for a younger family. Instead the questions are about the house you have lived in for years, the pensions and savings built up over a working life, whether one of you will need support from the other, and what happens to the plans you made together, including your wills. This page takes those questions in turn. The law described here is British Columbia law and applies in the same way in Coldstream as anywhere else in the province; what is local is where your case is filed, which is covered further down.
The family home
Who stays in the house
Separation does not by itself take away either spouse’s right to live in a home that one or both of you own or rent. If the two of you cannot work out who stays, the Supreme Court can order that one spouse have exclusive occupation of the family residence for a specified period (Family Law Act, section 90). That order does not change who owns the home and does not give the occupying spouse an ownership interest; it decides who lives there while the property questions are settled. Moving out is a decision with practical consequences, so get advice before you leave. Our article on your rights if you leave the marital home explains why.
How the home is divided
A house one spouse owned before the relationship began is excluded, but any increase in its value during the relationship is family property (sections 84(2)(g) and 85(1)(a)). Where an equal division would be significantly unfair, the Supreme Court can divide unequally, looking at factors such as the length of the relationship (section 95).
For the home itself the options are these: one spouse buys out the other’s interest, the house is sold and the proceeds divided after the mortgage and costs, or the house is kept by one spouse in exchange for other assets of equal value. Which works depends on what else there is to divide and whether the person keeping the home can refinance.
Protecting the home while the case runs
If you fear the other spouse will sell or borrow against the home or another asset before the division is settled, the Supreme Court must, on a spouse’s application, restrain the other spouse from disposing of property at issue unless that spouse shows the claim would not be defeated or harmed by the disposal (section 91). This applies to property at issue in a claim under Part 5 or Part 6 of the Act. See our property division page.
Pensions and retirement savings
A spouse’s entitlement under a pension plan, a retirement savings plan, an annuity or an income plan is family property (section 84(2)(e)). For pensions, Part 6 of the Family Law Act sets out how a spouse’s share is worked out and how it is paid, and that process applies unless an agreement or court order provides otherwise (section 111). In general terms, the part of the pension earned during the relationship is what is shared, and the plan administrator carries out the division once it has the agreement or order.
Points to watch in a long relationship:
- Get the documents early. Each plan has its own forms and its own way of valuing the benefit. Ask for the plan statements, and for any summary of benefits the administrator can provide, before you negotiate.
- A pension already being paid is still divisible. Retirement does not take a pension out of the family property pool.
- An equal split of a pension is not automatic in every case. The Supreme Court can depart from the Part 6 division where following it would be significantly unfair (section 95(1)(b)).
- Registered savings. RRSPs and similar plans are family property under the same section and are divided with everything else. Agree on how any transfer between you is to be made before you sign.
Spousal support after a long relationship
Spousal support is not automatic, and its amount and length depend on the facts. The Family Law Act asks the court, or the spouses making an agreement, to consider four objectives: recognising economic advantages or disadvantages that came from the relationship or its breakdown, sharing the financial consequences of caring for children, relieving economic hardship caused by the breakdown, and promoting each spouse’s self-sufficiency within a reasonable time (section 161). The amount and duration then turn on each spouse’s conditions, means, needs and circumstances, including how long you lived together and the roles each of you played (section 162). For married spouses applying under the Divorce Act, the court considers the same kinds of circumstances (section 15.2(4)).
The two-year limit
Claims to divide property or a pension, and claims for spousal support, have a deadline under section 198(2) of the Family Law Act: two years from the divorce order for married spouses, or two years from the date of separation for spouses who were in a marriage-like relationship. Time stops running only for periods when the two of you are engaged in family dispute resolution with a family dispute resolution professional, such as a mediator, or in a prescribed process (section 198(5)). Talking things over on your own does not pause it. Our article on how long after separation you can claim assets has more.
Your will, beneficiary designations and powers of attorney
Separation affects estate planning made during the relationship. Under section 56 of the Wills, Estates and Succession Act, once you cease to be spouses (for married spouses, generally on separation within the meaning of the Family Law Act), a gift to the former spouse in your will, and their appointment as your executor, are revoked unless the will shows a contrary intention. Later reconciliation does not restore them.
Section 56 deals only with wills. A former spouse named as beneficiary of an RRSP, RRIF, TFSA, pension or life insurance policy stays the beneficiary until you change the designation, subject to the plan terms and to any agreement or order that requires you to keep it. An enduring power of attorney or representation agreement naming your spouse also needs a fresh look. Do not change designations that are part of a property or support settlement without advice. Our article on a will not updated after separation shows what can go wrong.
Where a Coldstream case is filed
Coldstream has no courthouse. The nearest is the Vernon Law Courts at 3001 27 Street, which houses both the Provincial Court and the Supreme Court (the Province’s courthouse list, updated October 1, 2026).
- Supreme Court. Divorce, property and pension division (other than a companion animal) belong here. The Supreme Court registry in Vernon is one place you can file, but not the only one.
- Provincial Court. It deals with parenting, child support and spousal support, but not with divorce or property. Vernon’s Provincial Court registry is an early resolution registry, so before an application there you complete a needs assessment, a parenting education program where it applies, and at least one session of consensual dispute resolution (Provincial Court Family Rules, Rule 10, with exceptions). Rule 7 points to the registry nearest the residence where a child lives most of the time, or, where no child-related issue arises, nearest the home of whoever files first; the rule does not say how distance is measured, so confirm with the registry before filing.
- Vernon Family Justice Centre. This provincial service at 202 – 3203 30th Street runs the needs assessments and other early resolution services for the Vernon, Salmon Arm and Revelstoke registries. There is no charge, and counsellors can meet by phone or video.
Before the first meeting
It helps to gather what you can of the following. Missing items can be obtained later, including through the disclosure rules.
- your income tax returns and notices of assessment for the last three years, and your spouse’s if you have them
- the most recent statement for each pension plan, RRSP, RRIF and TFSA, and any pension benefit summary
- the mortgage statement, the latest BC Assessment notice and the title details for the home and any other property
- statements for bank accounts, investments, lines of credit and credit cards
- any marriage, cohabitation or separation agreement, and your current will and powers of attorney
- the date you separated, and anything that shows it
Questions from Coldstream clients
We have been married for 30 years. Is spousal support automatic?
No. Entitlement depends on the objectives in section 161 of the Family Law Act, such as economic disadvantage from the relationship or hardship from its breakdown. A long relationship is an important factor in amount and duration once entitlement is shown.
My spouse’s pension is already being paid. Can it still be divided?
Yes. A pension in pay is family property, and Part 6 of the Family Law Act provides for dividing it, unless an agreement or order provides otherwise.
Can I be made to leave the house?
Only by agreement or by court order. The Supreme Court can grant one spouse exclusive occupation of the family residence for a set period; that does not change who owns it.
Do I need to go to Vancouver?
No. We work with you by phone, email or video; if the case needs someone at the registry, a lawyer goes in person.
