In our increasingly digital world, common-law couples face new legal challenges surrounding digital assets and online accounts. Jeffrey Behrendt has seen a growing number of cases where access to important digital assets becomes problematic during separation or after death. “Many people don’t realize that their partner may be completely locked out of their digital life – everything from family photos to cryptocurrency wallets – if proper planning isn’t done,” he warns.
Digital assets present unique challenges for common-law couples because:
- Service agreements often don’t recognize common-law status
- Provincial laws haven’t kept pace with digital innovation
- Access may be blocked by two-factor authentication or password protection
- The value of digital assets can be difficult to assess
Behrendt recently handled a case where a grieving partner lost access to years of shared family photos stored in her deceased partner’s iCloud account. “Apple wouldn’t grant access because they weren’t married, and there was no digital estate plan in place,” he explains. This website
To protect themselves, Behrendt recommends common-law couples:
- Create a comprehensive digital estate plan
- Maintain a secure list of passwords and access information
- Designate each other as legacy contacts for important accounts
- Clearly document ownership of valuable digital assets
- Consider the treatment of digital assets in cohabitation agreements
“Your digital life is just as important as your physical one,” Behrendt emphasizes. “A few simple steps now can prevent tremendous loss and frustration later.”
Common Law Relationships 