You’re not legally married, but you may be considered to be in a common law relationship!
You are considered common law in Ontario in two situations:
- when you are cohabiting with a person who is not your legally married spouse for at least three years; or
- you have a child by birth or adoption with a person and have cohabited together while in a relationship of some permanence.
Cohabitating means to live with a person in a conjugal relationship. What does that mean? Essentially, a romantic relationship! How do you determine if you’re in one of these relationships:
- sharing households tasks like cooking, cleaning, and errands;
- sharing of financial responsibilities;
- social activities or a mutual friend group;
- attitude of the couple towards the children, if applicable; and
- how your friends, family and community view the relationship
The requirement of having an emotional and sexual aspect to the relationship eliminate long-term housemates from being considered common law in Ontario.
“WE WERE ON A BREAK!?”
Keep in mind that you can have a voluntary period of separation due to a relationship breakdown as long as that period is for less than 90 days. If your break is less than 90 days than you are still considered to be common law in Ontario.
You are also still considered to be common law in Ontario if you have an involuntary separation, meaning there was no relationship breakdown, but your partner is away for school, work or health reasons, or is incarcerated.
What’s the difference between marriage and common law in Ontario?
The significant differences between marriage and common law in Ontario are your legal rights and responsibilities. If you are common law in Ontario, you do not need to meet the legal requirements of marriage, you and your partner just need to choose to cohabit and establish your conjugal relationship.
Common law in Ontario is legally a de facto relationship, meaning that it must be proved in each individual case based on the facts. Whereas a marriage is legally a de jure relationship, meaning that it has already been established in law. You can easily prove you are married and the day you married with your marriage certificate, but to prove you are in a common law relationship can be more difficult.
How does the Family Law Act in Ontario apply?
The Family Law Act (“FLA“) only applies to couples who satisfy the definition of “spouse”. Under the FLA, “spouse” means either of two persons who:
- are married to each other; or
- 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”)
This definition of spouse also includes a marriage that is actually or potentially polygamous, if it was celebrated in a jurisdiction whose system of law recognizes it as valid.
The FLA does not provide the same legal rights and protections to common law couples as it does for married couples. Married and common law couples usually have different rights with respect to:
- assets and debts
- the cohabiting residence
- inheritance
- separation or divorce
However, you can establish or change your rights and responsibilities within your common law relationship through a domestic contract, such as a Cohabitation Agreement. For more information, book a free consultation with Angrove Law.
Cohabitation agreements
Moving in together is a big step. Take it on solid ground.
A cohabitation agreement protects you both, whatever comes next.
How does the CRA view Common Law?
The Canadian Revenue Agency (“CRA”) has a slightly lower threshold for tax purposes than common law in Ontario. Under the CRA, you are considered common law when you are cohabiting in a conjugal relationship with a person for at least 12 continuous months. This is the standard definition used across the federal government.
You and your partner cannot be both married and common law in Ontario. It’s one or the other, but not both.
Find out more about your marital status as defined by the Government of Canada here.
Is 6 months considered common law?
No. You must be living in a conjugal relationship for at least three years. If you have a child, you only need to cohabit for one year.
What happens when common law partners split?
Unlike married couples, you do not need a formal divorce to make your separation official. You can settle all your issues that arise without going to court! But it is a good idea to enter into a domestic contract, such as a Cohabitation Agreement or Separation Agreement that sets out your rights.
Do I need a cohabitation agreement if I am common law?
Without a cohabitation agreement, you could lose your fair share of the property acquired during the relationship. It is best to be prepared and establish your rights with a cohabitation agreement.
What Common-Law Status Means for Support, Property, and Inheritance
The label “common-law” is not just a description of how you live together. It triggers real legal consequences across family law, tax, and estate law in Ontario. Understanding which rights kick in (and which do not) helps you decide whether you need a cohabitation agreement or other planning.
Spousal Support
Common-law partners in Ontario can claim spousal support after separation if they cohabited continuously for at least three years, or if they had a child together and lived in a relationship of some permanence. The Family Law Act treats common-law spouses the same as married spouses for support purposes once the threshold is met. The amount and duration follow the federal Spousal Support Advisory Guidelines, considering income disparity, length of the relationship, age, health, and the recipient’s ability to become self-supporting.
Child Support
Child support obligations apply to common-law partners exactly as they apply to married parents. Both biological parents are responsible for supporting their children regardless of marital status. The federal Child Support Guidelines determine the amount based on the paying parent’s income and the number of children. There is no minimum cohabitation requirement for child support.
Property Division
This is the major difference between common-law and married couples in Ontario. Common-law partners do NOT have an automatic right to share property accumulated during the relationship. The Family Law Act’s equalization regime applies only to married spouses. A common-law partner who wants a share of jointly built wealth must prove an entitlement through equitable claims (constructive trust, unjust enrichment, joint family venture). These claims are fact-specific, expensive to argue, and unpredictable in outcome.
The cleanest fix is a cohabitation agreement signed before or during the relationship that spells out who owns what and how property will be handled if the relationship ends.
Inheritance Rights
Common-law partners in Ontario have very limited inheritance rights when their partner dies without a will. The Succession Law Reform Act’s intestacy rules give the preferential share and remainder of the estate to the legal spouse and the deceased’s children. A common-law partner is not a “spouse” for these rules, regardless of how long the relationship lasted. The only avenue is a dependant’s relief claim, which requires the survivor to prove they were financially dependent on the deceased.
The fix here is also straightforward: a properly drafted will. Common-law partners who want to inherit from each other should name each other in their wills explicitly, and should review the wording every few years as life circumstances change.
Tax Treatment
The Canada Revenue Agency considers you common-law after only twelve months of continuous cohabitation, much shorter than the three-year family law threshold. Once you cross that twelve-month line you must file as common-law on your tax return. This affects spousal RRSP contributions, the spousal amount tax credit, GST/HST credit calculations, and child benefit calculations. CRA penalties apply to misrepresenting marital status, so update your return promptly when status changes.
