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.
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.
Common-law spouses may be entitled to:
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.
The definition of common law status depends on context:
Because family law is provincial, rights differ widely:
Understanding these differences is crucial when entering — or ending — a common-law relationship.
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:
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.
When a common-law relationship ends, partners may face:
While a breakup can be emotionally difficult, clear agreements and legal guidance can make the process smoother.
Even though there’s no “divorce” process for common-law couples, many of the same principles apply:
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.
No. Common-law couples separate by living apart, though legal agreements are often needed to settle financial and parenting issues.
Yes. If one partner is financially dependent, they may qualify for spousal support, depending on relationship length and contributions.
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.
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.
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.
Aimee SchallesHi, I'm Aimee, a co-founder of Jointly. I’ve been working as a lawyer in British Columbia for over ten years. I run a small law firm and love helping people solve everyday problems. I’ve seen the difficulties that ordinary people face in accessing reliable legal services. I’ve also seen many friends and clients go through challenging separations that could have been improved if they’d have had a prenup or cohabitation agreement. I hope Jointly helps people make the relationship agreement they’ve been thinking about! Latest posts by Aimee Schalles (see all)