Common-law relationships are the norm for millions of Canadians. More couples than ever are choosing to live together without getting married, whether for personal, financial, or cultural reasons. But while living common law can feel very similar to marriage, ending a common-law partnership is not always straightforward.
This guide explains what common law means in Canada, the rights and entitlements of common-law spouses, the differences between common law and marriage, and how to end a common law marriage.
What is Common Law?
The term common law refers to a couple that lives together in a marriage-like relationship without being legally married. While the exact requirements vary by province, the Canada Revenue Agency (CRA) defines common law partners as people who have lived together for at least 12 consecutive months, or who share a child by birth or adoption.
Provincial rules vary significantly. In some provinces, common-law couples have identical rights to married couples after meeting the legal definition of a common-law relationship (meaning property division and spousal support rights), whereas in other provinces, common-law couples have limited rights in the event of a breakup unless there is a cohabitation agreement in place. Check out our article on the definition of common-law for each province here.
What Is a Common Law Spouse Entitled To?
Common-law spouses may be entitled to:
- Spousal support if one partner is financially dependent on the other.
- Division of property in some provinces, or equitable claims like unjust enrichment in others.
- Inheritance rights, depending on provincial estate law.
- Tax benefits and credits through CRA recognition of common-law status.
However, as mentioned above, entitlements differ significantly from province to province, and unlike married couples, common-law spouses do not automatically share property rights everywhere in Canada.
Common Law in Canada
What Is Considered a Common Law Marriage?
The definition of common law status depends on context:
- For taxes (CRA): One year of cohabitation or having/adopting a child together.
- For family law: Provinces define common law differently. For example:
- Ontario: 3 years of continuous cohabitation, or 1 year with a child.
- British Columbia: 2 years of living together in a marriage-like relationship.
- Alberta: No “common law” but recognition as an Adult Interdependent Partner after 3 years (or less with a child).
- Ontario: 3 years of continuous cohabitation, or 1 year with a child.
Provincial Differences in Common Law Relationships
Because family law is provincial, rights differ widely:
- Property division: In B.C., common-law couples are treated like married spouses for property and debt division. In Ontario, they are not.
- Support obligations: All provinces allow for spousal support claims.
- Inheritance: Some provinces automatically recognize common-law spouses; others require a will.
Understanding these differences is crucial when entering — or ending — a common-law relationship.
Common Law vs Marriage
At first glance, common law and marriage look very similar. Couples live together, share expenses, raise children, and build a life. But legally, marriage provides a clear framework for rights and responsibilities, while common law often leaves couples in legal grey areas.
For example:
- Married spouses automatically share equal property division rights across Canada.
- Common-law partners may need to prove contributions to property or rely on claims like unjust enrichment.
- Married couples must get a legal divorce to end the relationship.
- Common-law couples do not require a divorce, but separation often leads to disputes over property, finances, and children.
How Do You End a Common Law Marriage?
Ending a common-law partnership is not as simple as moving out. Like marriage, common law carries legal and financial consequences that must be resolved.
Legal Process of Ending a Common Law Relationship
- No divorce is required. Unlike married couples, common-law partners do not need a court order to dissolve the relationship.
- Separation date matters. Rights and obligations, especially around support, often depend on the date of separation.
- Children’s best interests prevail. Parenting and support obligations are determined just as they would be for married couples.
- Property and financial disputes may arise. Depending on the province, partners may need to resolve these through negotiation, mediation, or litigation.
Steps to End a Common Law Marriage
- Confirm separation date. This affects support and tax status.
- Notify CRA. You must update your marital status for tax purposes within 30 days.
- Resolve parenting arrangements. Custody, access, and child support follow the same legal framework as married parents.
- Address spousal support. One partner may have a claim depending on the relationship length and contributions.
- Divide property and debts.
- Create a separation agreement. This document can cover parenting, support, and financial matters without going to court.
- Seek mediation or arbitration if needed. Courts are the last resort, but alternative dispute resolution is usually faster and less costly.
What Happens When a Common Law Relationship Ends?
When a common-law relationship ends, partners may face:
- Financial hardship if one partner was dependent on the other.
- Disputes over property when ownership is unclear.
- Parenting conflicts that require legal intervention.
- Tax changes, as CRA requires updated marital status.
While a breakup can be emotionally difficult, clear agreements and legal guidance can make the process smoother.
Tips for a Smooth Common Law Divorce
Even though there’s no “divorce” process for common-law couples, many of the same principles apply:
- Put agreements in writing. A formal separation agreement avoids uncertainty.
- Consider mediation. This helps resolve disputes without costly litigation.
- Plan ahead with cohabitation agreements or prenups. These documents set expectations and reduce conflict if separation occurs.
- Prioritize children. Courts always act in the best interest of the child, so cooperative parenting is essential.
- Seek legal advice. Family law varies widely by province, and rights depend on individual circumstances.
FAQs
Is common law the same as marriage in Canada?
No. While both involve long-term, marriage-like relationships, marriage creates automatic property and inheritance rights that don’t always apply to common-law relationships, depending on where in Canada you live.
Do you need a divorce to end a common law relationship?
No. Common-law couples separate by living apart, though legal agreements are often needed to settle financial and parenting issues.
Can a common law partner get spousal support?
Yes. If one partner is financially dependent, they may qualify for spousal support, depending on relationship length and contributions.
Can a common law partner take half?
It depends on the province. In B.C., property is divided equally, but in Ontario and others, property rights must be proven through ownership or legal claims.
Preventing Conflict With Legal Agreements
The best way to avoid disputes when a common-law relationship ends is to prepare in advance. Cohabitation agreements, prenups, and postnups can clearly define rights and responsibilities, making separation smoother and less adversarial.
At Jointly, we make it simple for couples to create legally sound agreements online, without the high costs of traditional legal services.
Call to Action
If you’re in a common-law relationship, planning ahead can save you stress, time, and money. With a cohabitation agreement or prenup, you and your partner can define expectations and protect each other — making separation, if it happens, far less painful.
👉 Visit getjointly.ca today to start building your agreement.
- Alberta Interdependent Relationships - October 4, 2025
- How Do You End a Common Law Marriage? - October 4, 2025
- What Happens In a Separation - September 26, 2025
