Can a Common-Law Partner Get Spousal Support in Ontario?

Yes, if you qualify as a "spouse" for support under Ontario's Family Law Act: you lived together continuously for at least three years, or you were in a relationship of some permanence and are the parents of a child together. Then the same entitlement tests apply as for married spouses, and Ontario's Limitations Act sets no limitation period for the claim.

How spousal support works for unmarried partners in Ontario

Ontario treats unmarried couples differently depending on the issue. For property, unmarried partners have no right to an equalization payment under the Family Law Act. For support, the rules are much closer to those for married spouses. That gap surprises many people, in both directions. For the wider picture, see our child and spousal support page.

The key definition is in section 29 of the Family Law Act. For the support part of the Act, "spouse" includes two people who are not married to each other and have cohabited (a) continuously for a period of not less than three years, or (b) in a relationship of some permanence, if they are the parents of a child as set out in section 4 of the Children's Law Reform Act.

A common-law support claim usually moves through these steps:

Check the definition. Three years of continuous cohabitation, or a relationship of some permanence with a child together.
Check for an agreement. A cohabitation agreement may address support. A court can still set aside a support waiver in some situations (s. 33(4)).
Establish entitlement. As for married spouses, the claim must have a compensatory, needs-based or contractual basis; see who is entitled to spousal support.
Estimate amount and duration. Lawyers and courts often use the federal advisory guidelines, adjusted for provincial law; see how the amount is worked out. Duration is covered in how long support lasts.
Choose the route. Negotiation, mediation, or an application under section 33 of the Family Law Act. The Divorce Act does not apply to unmarried couples.

Married and unmarried spouses compared

Issue	Married spouses	Unmarried partners who meet s. 29
Spousal support	Divorce Act s. 15.2 (if divorcing) or Family Law Act Part III	Family Law Act Part III only
Equalization of net family property	Yes (Family Law Act Part I)	No; claims rely on trust and unjust enrichment law
Matrimonial home rules	Yes (Family Law Act Part II)	No
Limitation period for support	None under the Family Law Act (Limitations Act, s. 16(1)(c))	None under the Family Law Act (Limitations Act, s. 16(1)(c))
Child support	Yes	Yes, for any parent, married or not (Family Law Act s. 31)

The property side of an unmarried separation is a different legal world. Our page on unjust enrichment claims for common-law partners explains how a partner can seek a share of property held in the other's name. Our article on property division for common-law couples covers the basics.

Counting the three years

The Act says "cohabited ... continuously for a period of not less than three years". Cohabit means to live together in a conjugal relationship, whether within or outside marriage (Family Law Act, s. 1(1)). Practical questions arise often:

When did cohabitation start? A lease, a change of address on a driver's licence, mail, or a joint bank account can help date the start.
Short breaks. Couples who separate briefly and reconcile may disagree about whether cohabitation was "continuous". The facts around each break matter.
Separate addresses. Some couples keep two homes for work or family reasons while living as a couple. Whether that is cohabitation depends on the whole relationship.
Relationship of some permanence with a child. Where the partners are parents of a child together, the three-year minimum does not apply, but the relationship must have some permanence.

Which court hears the claim in Toronto

An unmarried partner's support claim is brought under the Family Law Act, not the Divorce Act. In Toronto, family claims under the Family Law Act can be heard in the Ontario Court of Justice or the Superior Court of Justice, and the choice matters because the Ontario Court of Justice has limited powers.

Under section 34(2) of the Family Law Act, the Ontario Court of Justice cannot order a lump sum, a transfer of property, a life insurance or pension beneficiary designation, or security for payment, except for the provision of necessities or to prevent the dependant from becoming or continuing to be a public charge. It also cannot make orders about the matrimonial home. A claim that needs any of those remedies, or that is combined with a property claim, is usually brought in the Superior Court of Justice.

Our Toronto family court guide explains how the two courts divide the work in Toronto. Whichever court hears it, the process starts with an application, financial statements and disclosure. Under the Family Law Rules, no motion may be heard before a conference dealing with the substantive issues has been completed, unless the court finds urgency or hardship (O. Reg. 114/99, r. 14(4) and (4.2)).

Because the claim often sits alongside questions about the children and about property held in one partner's name, it helps to plan all of them together. A support order made first can affect the property negotiation, and the reverse is also true.

What changes the answer

Whether the definition is met (s. 29). Falling short of three years without a child together means no claim to spousal support under the Act.
The basis of entitlement. Common-law partners who stayed home with children or gave up a career have compensatory claims like married spouses. Need-based claims depend on means and circumstances (s. 33(9)).
Conduct. Support exists without regard to conduct, though the amount may reflect a course of conduct so unconscionable that it is an obvious and gross repudiation of the relationship (s. 33(10)).
Child support comes first. Where both are claimed, child support has priority (s. 38.1).
Cohabitation agreements. Domestic contracts must be in writing, signed and witnessed (s. 55(1)). A support waiver can be set aside in listed situations, including unconscionable circumstances (s. 33(4)).
Timing. There is no limitation period for a Family Law Act support claim, but long delay can still make it harder to justify support for past periods and to prove need.

A worked example

For example, imagine a couple in Toronto who lived together for four years without marrying. One partner moved from another city for the relationship, took a lower-paying job, and later reduced hours to care for an ill parent of the other partner. At separation, one earns $95,000 and the other $35,000.

Four years of continuous cohabitation meets section 29(a). The lower earner has an arguable compensatory claim (the move and reduced career) and possibly a needs-based claim. The partners would then estimate a range: under the without child support formula, four years of cohabitation gives 6 to 8 per cent of the $60,000 gross income difference, or $3,600 to $4,800 a year, for 2 to 4 years. Because there is no limitation period, the lower earner could still bring the claim a year or two after separation, though delay may affect any request for support for the period already passed.

Change one fact: if they had lived together for two and a half years with no child, there would be no claim to spousal support under the Act. This example is hypothetical.

Common mistakes common-law partners make

Assuming common-law partners get no support. Support rights can be substantial after three years or with a child together.
Assuming common-law partners split property 50/50. They do not; equalization applies only to married spouses.
Not keeping proof of the start date. Leases, bills and address changes help prove the three years.
Relying on an unsigned or unwitnessed agreement. Domestic contracts need writing, signatures and a witness (s. 55(1)).
Confusing deadlines. Support has no limitation period, but property claims based on unjust enrichment do; see deadlines in property cases for the married-spouse rules and the unjust enrichment page for common-law claims.
Going without support while negotiating. Interim support may be available; see support before the case is decided.

What to do this week

Gather proof of when you started living together: leases, utility bills, address changes, joint accounts.
Write a timeline of the relationship, including any separations and reconciliations.
Find any cohabitation agreement and check how it was signed and witnessed.
Collect both partners' recent tax returns if available, and prepare a budget.
List career changes or sacrifices made because of the relationship or the family.
Book a free consultation with us to assess both the support claim and any property claim together.

Frequently asked questions

Does it matter if we never had children?

Only for the qualifying test. Without a child together, you need three years of continuous cohabitation. With a child together, a relationship of some permanence is enough.

Can a same-sex common-law partner claim support?

Yes. The Family Law Act definition applies to "two persons", regardless of sex.

Can support be changed later?

Yes. Family Law Act support orders can be varied on a material change in circumstances (s. 37); see changing or ending spousal support.

Is common-law spousal support enforced like other support?

Yes. Orders are filed with the Family Responsibility Office, and support terms in a domestic contract filed with the court under section 35 can be enforced too; see what happens if support is not paid.

Do the federal guidelines apply to unmarried couples?

The advisory guidelines were designed for the Divorce Act, but the Department of Justice notes courts and lawyers often use them under provincial law too, taking account of provincial differences on entitlement and agreements.

Is there really no deadline?

The Limitations Act, 2002 says there is no limitation period for a proceeding to obtain support under the Family Law Act (s. 16(1)(c)). That does not make delay harmless, so it is still wise to act promptly.

What if my partner says we were just roommates?

Whether two people "cohabited" depends on whether they lived together in a conjugal relationship (Family Law Act, s. 1(1)). Evidence of a shared life, such as shared finances, holidays, family events, and how the couple presented themselves to others, helps answer that question.

Can a common-law partner get spousal support in Ontario?