common law while still legally married?

[dickstacie]

Do you know if you can legally be in a common law relationship while separated and still legally married? Im trying to protect my son's rights here. Any information would be greatly appreciated.

[logicalvelocity]

dickstacie,

Yes!

See the Family Law Act:

http://www.e-laws.gov.on.ca/DBLaws/A...0f03_e.htm#BK1

Definitions

1. (1) In this Act,

“cohabit” means to live together in a conjugal relationship, whether within or outside marriage; (“cohabiter”)

“spouse” means either of a man and woman who,

(a) are married to each other, or

(b) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right. (“conjoint”) R.S.O. 1990, c. F.3, s. 1 (1); 1997, c. 20, s. 1; 1999, c. 6, s. 25 (1).

lv