Definition of Cohabitation
Cohabitation refers to two people living together in a conjugal (marriage-like) relationship without being legally married. In Ontario, cohabitation is recognized both in the context of common law relationships and as a period relevant to married couples. The legal definition of cohabitation involves more than simply sharing a residence. It encompasses a range of factors such as shared finances, joint social activities, mutual support, and the presentation of the couple as a unit to the community. The Ontario Family Law Act and relevant case law consider the duration and nature of the relationship. This includes whether the parties have lived together continuously for at least three years, or have a child together and are in a relationship of some permanence.
Relationship to Divorce or Separation
Cohabitation is relevant to both divorce and separation in several ways:
- For Married Couples:
The date of separation—when the parties begin living “separate and apart”—is a critical legal concept in divorce proceedings. The court will examine whether the parties have ceased cohabiting as spouses. This is true even if they continue to reside under the same roof. The end of cohabitation marks the beginning of the separation period required for a no-fault divorce (typically one year). - For Common Law Couples:
Cohabitation establishes the existence and duration of a common law relationship. This is necessary to determine rights and obligations upon separation. In Ontario, common law partners may be entitled to spousal support if they have cohabited for at least three years. They can also be entitled if they have a child together and are in a relationship of some permanence. However, property rights for common law partners differ significantly from those of married spouses. - Legal Agreements:
The period of cohabitation is often referenced in separation agreements, cohabitation agreements, and court orders. This is because it affects entitlement to support, division of property, and other family law rights. - Proof and Disputes:
Disputes may arise regarding the date cohabitation began or ended. This can impact the calculation of support, property division, and the timing of divorce or separation proceedings.
Summary
Cohabitation is a foundational concept in Ontario family law, affecting both married and common law couples. It determines when a relationship is recognized for legal purposes. Moreover, it is central to establishing the date of separation, which in turn affects the parties’ rights and obligations upon divorce or separation.
FAQ on Cohabitation in Ontario
Cohabitation means two people living together in a marriage-like relationship without being legally married.
You are considered common law if you live together continuously for at least three years, or if you have a child together and are in a relationship of permanence.
Yes. For married couples, the end of cohabitation marks the official date of separation, which is required for divorce proceedings.
Common law partners may claim spousal support, but unlike married couples, they usually do not have equal property division rights.
Yes. Disputes often arise about when cohabitation began or ended, which can impact support, property division, and separation timelines.
Cohabitation is often referenced in cohabitation agreements, separation agreements, and court orders to define spousal support and property rights.
If you’re unsure whether your relationship qualifies as common-law, or how cohabitation could affect your separation or divorce, our team can help.
Book a consultation at https://plslawyers.ca/contact/ or call 416-948-5757.
