Common-Law Partner Rights in Ontario

The Biggest Misconception — The "3-Year Rule"

One of the most common things I hear from clients is: "We only lived together for two years, so I'm not common-law, right?" Or the opposite: "We lived together for five years, so I get half of everything, right?"

Both of these are wrong.

In Ontario, the 3-year rule applies to spousal support eligibility for common-law partners — but if you have a child together, you are considered common-law partners regardless of how long you lived together. There is no minimum cohabitation period when children are involved.

And on the property side — living together for 3 years, or even 10 years, does not automatically entitle you to half of your partner's assets the way marriage does. Common-law partners do not have the same automatic property-sharing rights as married spouses under the Family Law Act.

So What Can You Claim?

Just because there is no automatic 50/50 split does not mean you walk away with nothing. There are several legal avenues available:

Constructive Trust

If you contributed — financially or through labour — to property that is in your partner's name, you may be able to claim a share of that property through a constructive trust claim. Courts look at whether it would be unjust for your partner to retain the full benefit of that property without compensating you. This is fact-specific and highly dependent on the evidence you can produce.

Unjust Enrichment

If your partner was enriched at your expense — for example, you supported the household while they built their business or career — and there is no legal reason for that enrichment, you may have a claim. Courts assess the degree of contribution and the corresponding deprivation to the other party.

Length of Cohabitation Matters

The longer you lived together, the stronger your claims tend to be — both for property and for spousal support. Courts look at the nature of the relationship, the degree of financial interdependence, and the contributions each party made during the relationship.

Child Support and Spousal Support — Same Rights as Married Couples

This is where many people are surprised. When it comes to child support and spousal support, common-law partners have the same rights as married spouses.

Child support follows the Federal Child Support Guidelines — the same rules apply whether the parents were married or not. If you have a child together, the support-paying parent's obligation is the same regardless of relationship status.

Spousal support for common-law partners who lived together for 3+ years — or who have a child together — is governed by the same Spousal Support Advisory Guidelines that apply to divorcing spouses. Entitlement, duration, and quantum are assessed on the same factors: length of relationship, economic interdependence, and the roles each party played during the relationship.

Cohabitation Agreements — Protect Yourself Before Problems Arise

If you are in a common-law relationship and have not signed a cohabitation agreement, you are taking on significant legal risk. A cohabitation agreement lets you define in advance how property will be divided, whether support will be paid, and on what terms — if the relationship ends.

I draft cohabitation agreements from a litigator's perspective. That means I draft them to hold up in court — not just to look good on paper. A poorly drafted agreement, or one signed without proper independent legal advice, can be set aside entirely.