The Supreme Court said today that common-law couples who end a relationship are not necessarily required to divide their property in the way a married couple must.

The court said, however, that the law would apply if a common-law or same-sex couple chose to register their relationship with the province’s Department of Vital Statistics.

The court was ruling on a case originating in Nova Scotia.

Susan Walsh and Wayne Bona had lived together for 10 years, and had two children.

After the relationship ended in 1995, Walsh sought support for herself and the children. She claimed the province’s Matrimonial Property Act was unconstitutional because it did not give her an equal share in the matrimonial property, as a married woman would have received.

She lost her first case, but won on appeal.

Nova Scotia took the appeal judgment to the Supreme Court, arguing that governments can’t impose marital obligations on people who chose not to get married.

The province also amended its law, so the word spouse was changed to partner in the marriage rules.

Heterosexual and same-sex partners are both defined as common-law partners, and if they register under the Vital Statistics Act, they’re treated as though they are married.

Walsh and Bona eventually agreed to split their assets, so they won’t be affected by the judgment.