Around certain milestones like moving in together or sharing an anniversary, many people start to wonder whether they are suddenly legally or financially intertwined with their partners under family law. For unmarried couples, this legal status is called “common-law,” and that status arises when a couple has been living together in a “marriage-like relationship” (a romantic relationship where you live together and share expenses and obligations) for a certain amount of time.
The amount of time it takes to be considered common-law (and how being in a common-law relationship affects your rights) varies from province to province – we’ve set out a short note about the rules by province below.
What Does Common Law Partner Mean?
Being common-law simply means that your relationship fits into the definition set out in family legislation in your province. Once you meet that definition, different rights and rules apply depending on where in Canada that you live.
To make things even more complicated, the definition of common law under the Income Tax Act is different too! For the purposes of filing your taxes, you are in a common law relationship if you have been living together with a person and carrying on a conjugal, or romantic, relationship, for at least 12 continuous months. This is important to know at tax time, but for this article, we are going to focus on the impacts of being common law under family legislation.
What Qualifies as a Common Law Partner?
In general, to fit into the legal definition, you have to be in a committed, romantic relationship with another person that you live with to be considered common law. Other factors that indicate a common law relationship are sharing financial responsibilities, presenting yourselves as a couple to family and friends, and maintaining an interdependent relationship. Roommates do not meet the definition of common law unless they form a committed, romantic relationship.
What Rights Do Common Law Partners Have?
Once you are common-law, in some provinces, you have many of the same rights and responsibilities as if you were legally married in areas such as health care, taxation, and other legal matters. For health care, common-law partners are often recognized as next of kin, meaning they can make medical decisions on behalf of their partner if they become incapacitated, though it is a good idea to have formal documentation such as a power of attorney.
In terms of taxation, the Canada Revenue Agency (CRA) treats common-law partners similarly to married spouses, allowing them to file taxes as a couple, claim spousal tax credits, and pool certain deductions like medical expenses or charitable contributions. They may also be eligible for benefits such as the Canada Child Benefit (CCB) and pension entitlements, including survivor benefits under the Canada Pension Plan (CPP). Additionally, common-law partners may be covered under each other’s workplace health benefits and insurance policies, provided they meet the employer’s eligibility requirements. While common-law relationships provide many of the same legal rights as marriage, these rights can vary by jurisdiction, making it essential for couples to understand their province’s specific laws and consider making relationship agreements to protect their interests.
What Is a Common Law Partner Entitled to in Canada?
If you separate from your partner, depending on which province you live in, this could include a presumed 50-50 split of debts and assets (unless the property is excluded property) and a potential entitlement to spousal support if the relationship ends. On the other hand, in some provinces, there is no assumption that property will be shared if the relationship ends – though there is often still entitlement to spousal support, and requirements for care of children. Take a look at the list below for a brief overview of each province.
How to Prove a Common Law Relationship?
If you end up in court for a family law matter or you need to prove your relationship status to the Canada Revenue Agency (CRA), there are a number of useful pieces of evidence that can establish that your relationship meets the definition of common law. Evidence can include shared financial responsibilities, such as joint bank accounts, credit cards, or co-signed loans, as well as joint ownership or lease agreements for a home. Utility bills, driver’s licenses, or government-issued documents listing the same address also help establish cohabitation.
In addition, proof of financial interdependence—such as naming each other as beneficiaries on insurance policies, pensions, or wills—can support a claim. The CRA may also request affidavits from friends or family confirming the relationship, along with documentation showing shared household expenses, travel together, or joint parenting responsibilities if applicable. In court, especially for family law matters, personal testimony and corroborating evidence like correspondence, photographs, and social media activity can further strengthen the case. Given the subjective nature of common-law status, having clear and consistent documentation is crucial if you have to prove your relationship to a court or the CRA.
Common Law Partner vs. Marriage
While common-law couples in Canada share many legal rights with married couples, there are key differences in the benefits and protections that each status provides, which varies by province.
Marriage is a legally recognized union that automatically grants spouses rights and obligations under federal and provincial laws, including inheritance rights, spousal support entitlements, and more straightforward access to pension and survivor benefits. Married couples also benefit from automatic rights in medical decision-making and estate matters, whereas common-law partners may need additional legal documents, such as wills and powers of attorney, to ensure their partner is protected. Taxation rules for common-law and married couples are largely the same at the federal level, but married spouses may find it easier to claim certain deductions and benefits without additional proof of their relationship.
Another key distinction is that, in most provinces, married spouses are automatically entitled to an equal division of property upon separation, whereas common-law couples do not have the same presumptive property rights in all provinces and, without a cohabitation agreement in place, may need to prove financial contributions to family property in order to claim a share.
Given these differences, couples should understand the rules in their province and consider making a cohabitation agreement to ensure both partners are on the same page about the life they are building together and how their assets will be split if they decide to go their separate ways in the future.
What Is Common Law in Ontario?
In Ontario, you may be considered common-law partners if you have lived together in a conjugal relationship continuously for at least three years or for one year, if you have a child together. Ontario law gives different rights to people in common law relationships as compared to married couples.
What Is Common Law in BC?
In BC, you may be considered common-law partners if you have lived together in a marriage-like relationship for at least two years or sooner, if you have a child together. BC generally treats married couples and common law couples the same when it comes to property and spousal support rights.
What Is Common Law in Alberta?
In Alberta, you may be considered common-law partners (referred to in Alberta as “adult interdependent partners”) if you have lived together continuously for at least three years or sooner, if you have a child together. Common law couples and married couples have similar rights in Alberta.
What Is Common Law in Manitoba?
In Manitoba, you may be considered common-law partners if you have lived together continuously for at least three years, or sooner, if you have lived together and had a child together, or if you have registered your relationship with the provincial Vital Statistics Agency. Common law couples and married couples have similar rights in Manitoba.
What Is Common Law in Nova Scotia?
Nova Scotia recognizes common-law relationships if you have lived together continuously for at least two years or sooner, if you have a child together. Nova Scotia law still treats married and common-law relationships very differently.
What Is Common Law in Saskatchewan?
In Saskatchewan, common-law relationships are recognized if you have lived together continuously for at least two years or sooner, if you have a child together. Common law couples and married couples have similar rights in Saskatchewan.
What is Common Law in New Brunswick
New Brunswick recognizes common-law relationships if you have lived together in a romantic relationship for at least three years or sooner if you have a child together. New Brunswick law gives different rights to people in common law relationships as compared to married couples.
What is Common Law in Newfoundland and Labrador
In Newfoundland and Labrador, common-law relationships are recognized if you have lived together continuously for at least two years – but Newfoundland laws still treat married and common-law relationships very differently.
What is Common Law in Prince Edward Island
Common-law relationships are recognized in PEI if you have lived together for at least one year or sooner, if you have a child together. In PEI, the rights of common law spouses differ from married spouses in division of property.
What Is Common Law in Quebec?
Quebec does not have specific legislation regarding common-law relationships. Civil unions and marriage are the recognized forms of legal partnerships in Quebec.
What is Common Law in Nunavut?
In Nunavut, common-law relationships are recognized if you have lived together continuously for at least two years or sooner, if you have a child together. Married and common law couples have similar rights in Nunavut.
What is Common Law in the Northwest Territories?
In the Northwest Territories, common-law relationships are recognized if you have lived together continuously for at least two years or sooner, if you have a child together. Married and common law couples have similar rights in the Northwest Territories.
What is Common Law in the Yukon?
In the Yukon, common-law relationships are recognized if you have lived together continuously for at least one year. Family law in the Yukon continues to treat common-law couples and married couples very differently.
How to End a Common Law Relationship in Canada?
Separation does not require any formal legal steps; you are considered separated once one spouse decides to end the relationship and does not intend to get back together. In some cases, you may still be recognized as separated even while living in the same home, depending on your circumstances. If moving out is not an option due to financial or housing constraints, a lawyer can help determine if you meet the criteria for separation.
The date of separation is significant in some provinces because it determines the value of shared assets that you and your former partner will be dividing. For example, joint bank accounts are sometimes divided based on their balances as of the separation date. In other provinces, the date for the valuation of your shared property is when you come to an agreement about property division.
After separating, you and your former spouse will need to address important matters such as parenting arrangements and dividing your assets, including property. These issues are often settled through mutual agreement, and written down in a document called a separation agreement.
- Why Freelancers, Entrepreneurs, and Online Business Owners Should Get a Prenup - May 19, 2025
- Can I Protect My Assets Without a Prenup? - May 8, 2025
- What Makes a Prenup Invalid? - May 5, 2025
