If you live together but are not married, Ontario law treats you differently than married couples. You may have strong rights to support and parenting. You do not get automatic rights to property. Below is a clear summary of what common-law partners can and cannot claim in Ontario, with next steps and timelines.
Who counts as a common-law spouse in Ontario
For support claims under Ontario’s Family Law Act, you are a “spouse” if you lived together in a conjugal relationship for at least 3 years, or for a shorter time if you have a child together and the relationship had some permanence. Ontario
Note: Different laws use different tests. For taxes, the CRA treats you as common-law after 12 months of cohabitation or if you have a child together.
What you can claim as a common-law spouse
- Spousal support
If you meet the definition above, you can ask for spousal support. Courts look at need, ability to pay, the roles during the relationship, and any agreements. The Spousal Support Advisory Guidelines help set ranges. Orders or filed agreements can be enforced by the Family Responsibility Office. Spousal Support Advisory Guidelines July 2008 - Child support
Child support does not depend on marital status. It is set using the Child Support Guidelines and the payor’s income. The court can also order special and extraordinary expenses. - Parenting time and decision-making
For parenting, the Children’s Law Reform Act uses the “best interests of the child” test and the terms decision-making responsibility and parenting time. Children’s Law Reform Act - CPP pension credit splitting and pension sharing
When you separate, you may split Canada Pension Plan credits earned while you lived together, if you lived together at least 12 months and apply within 48 months of living apart, unless the other partner waives the deadline. CPP pension sharing is also possible while you are together. Splitting Canada Pension Plan credits
What you cannot claim automatically
- Property equalization
Ontario’s automatic equalization of net family property applies only to married spouses. Common-law partners do not have a statutory right to split property. Each keeps what is in their own name unless there is a specific agreement or a court-recognized claim. - Special “matrimonial home” rights
The equal right to possess the matrimonial home under Part II of the Family Law Act applies to married spouses. Common-law partners have no automatic possessory rights to live in the home unless they are on title or lease, or obtain a court order on other grounds. - Automatic inheritance on death without a will
A common-law partner does not inherit under Ontario’s intestacy law. They may need to claim dependent’s support from the estate instead, or rely on joint ownership or named beneficiary designations. Make a valid will to protect each other. - Ontario workplace pension division by default
Ontario’s pension division scheme on relationship breakdown is built for married spouses. Common-law partners can agree to arrangements, but there is no automatic equalization under the Family Law Act.
How common-law partners can still make property claims
Courts can use equitable remedies like unjust enrichment and remedial constructive trust. If one partner was enriched, the other was deprived, and there is no legal reason for it, the court can award money or, in some cases, a share in property. The Supreme Court of Canada set out the modern approach in Kerr v. Baranow. Supreme Court of Canada Decisions
Time limits matter. Claims tied to real estate may have up to a 10-year limit under the Real Property Limitations Act after McConnell v. Huxtable. Other equitable claims may face the general 2-year limit. Get advice quickly.
Limitation periods you should know
- Spousal support claims under the Family Law Act are not subject to a limitation period under Ontario’s Limitations Act s.16(1)(c). Still, delay can affect outcomes and arrears.
- Property equalization timelines in the Family Law Act do not apply to common-law partners, but equitable claims do have deadlines as noted above.
Quick comparison: married vs common-law in Ontario
- Spousal support: available to both if criteria met.
- Child support: available to both, same Guidelines.
- Property equalization: married only. Common-law must rely on agreements, joint title, or equitable claims.
- Matrimonial home possessory rights: married only.
- Intestacy rights: married spouse inherits under SLRA rules; common-law partner does not.
- Ontario pension division regime: designed for married; common-law may agree but no automatic equalization.
- CPP credit splitting: available to common-law after 12 months cohabitation, with deadlines.
How to protect yourself as a common-law couple
- Sign a cohabitation agreement under Part IV of the Family Law Act. Put in writing how you will handle property, debts, support, and what happens on separation or death. Agreements must be in writing, signed, and witnessed to be enforceable.
- Put both names on title or use clear trust language if you intend shared ownership.
- Keep records of major contributions to property or the household.
- Update beneficiary designations on life insurance, RRSPs, TFSAs, and pensions.
- Make valid wills and powers of attorney to avoid estate disputes and to name substitute decision-makers.
What to do if you are separating
- Gather documents: tax returns, pay stubs, bank and credit statements, title documents, pension statements, and proof of contributions.
- Consider temporary support and parenting arrangements.
- Get legal advice about support, parenting, and any equitable property claims.
- Decide on a route: negotiation, mediation, arbitration, or court.
- File or register any support order or agreement with the Family Responsibility Office for enforcement. Cleo
When to call a lawyer
- There is a home or other major asset in one partner’s name only.
- You sacrificed income or career and need compensatory support.
- You need a cohabitation agreement or a separation agreement.
- There are complex pensions or business assets.
- There are safety, urgency, or relocation issues.
PLS can help
You do not need to navigate this alone. We will explain your options in plain language, protect your rights, and build a plan that fits your life and budget. Talk to a family lawyer before you make a move. Book a low-stress consult with PLS to review support, parenting, property options, and timelines. We will give you clear next steps and a plan that fits your budget.
