Common-law relationships are increasingly common in Canada. Many couples choose to live together without getting married, but that doesn’t mean there are no legal implications. Just like marriage, common law creates rights and obligations that affect property, support, taxes, and even inheritance.
One of the most confusing areas for couples is when a common law relationship legally ends. Unlike marriage, there is no divorce certificate to mark the end, which can leave partners uncertain about their status. This article explains how common law works in Canada, when it ends, and what the legal consequences are.
What Is A Common Law Relationship in Canada?
A common law relationship is when two people live together in a marriage-like partnership without formally marrying.
- For the CRA (tax purposes): A couple is considered common law after living together for 12 consecutive months, or immediately if they share a child by birth or adoption.
- For family law (provincial rules): The definition varies. 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: Recognized as Adult Interdependent Partners after 3 years, or sooner with a child.
- Ontario: 3 years of continuous cohabitation, or 1 year with a child.
Understanding your status is important because it determines eligibility for spousal support, property rights, and tax obligations. Check out our article about common law status for each province here.
When Does a Common Law Relationship End?
Unlike marriage, there is no divorce decree for common law. Instead, the relationship ends when certain conditions are met.
Separation
The most common way a common law relationship ends is separation — when partners stop living together in a marriage-like way. The exact date of separation matters because it affects property claims, spousal support, and tax filings.
There is no magic in determining when separation has occurred. If one or both people say they want to end the relationship and then act in accordance with that, the relationship has ended.
Death
A common law relationship ends when one partner dies. However, surviving partners may still have rights to spousal support, inheritance, or pension benefits depending on provincial law.
Signs That a Common Law Relationship Has Ended
Sometimes, determining whether a relationship has truly ended can be complicated. Courts may look at factors such as:
- Whether the couple is still living together.
- Whether they share finances and household responsibilities.
- Whether they continue to present themselves publicly as a couple.
Even if partners still live under the same roof, a relationship may be considered ended if they no longer function as a couple.
How Do You End a Common Law Relationship?
Ending a common law partnership does not require a divorce, but steps should be taken to clarify financial and parenting responsibilities. If you previously made a cohabitation agreement with your partner, it should significantly streamline the below steps.
- Confirm the separation date. This is critical for support and tax purposes.
- Update your marital status with CRA. You must notify the CRA by the end of the month after you’ve had the status change. For example, if you separate on February 26, you should notify the CRA by March 31.
- Resolve parenting matters. Custody, access, and child support are handled the same as for married parents. In an ideal world, this can be resolved by agreement between the former couple. If that doesn’t occur, either person can bring a claim in court to get a judge to help finalize these arrangements.
- Address spousal support. A dependent partner may be entitled to support. The process for resolving issues of spousal support is the same as for parenting matters – ideally this is done by agreement, but either person can bring a claim in court to get help from a judge.
- Divide property and debts. Rules vary by province. In B.C., division is automatic; in Ontario, property ownership matters more. It’s important to know the rules for your province – check out our Learning Centre for specifics.
- Create a separation agreement. This legally binding document can prevent disputes and keep you out of court. Once you have come to an agreement about property, debts, support, and parenting matters, documenting it in a separation agreement is essential.
Legal Implications of Ending a Common Law Relationship
Ending a common law relationship has many legal and financial consequences.
Rights After a Common Law Separation in Canada
- Spousal support: A partner may be entitled to financial support depending on the length of the relationship and economic dependence.
- Property division: In some provinces, common law partners have the same property rights as married spouses. In others, they may need to rely on claims like unjust enrichment to get a fair share. It is extremely important to understand the property rights in your province if you’re in a common law relationship.
- Inheritance: Without a will, rights vary by province. Some provinces grant automatic inheritance to common law spouses, while others do not. Check out our article on estate planning for common law couples here.
- Taxes: The CRA must be notified of the separation to update benefits and credits.
Common Law Relationship Laws by Province in Canada
Family law is provincial, so the rules differ:
- British Columbia: After 2 years, property and debt division mirrors marriage.
- Ontario: No automatic property rights; partners may claim spousal support after 3 years (or 1 year with a child).
- Alberta: Recognizes Adult Interdependent Partners, who have rights after 3 years (or sooner with a child).
- Quebec: No automatic rights for common law couples; agreements are essential.
Check out our full article on this topic here.
What Happens When a Common Law Relationship Ends?
When a common law partnership ends, the couple must resolve:
- Child-related issues (custody, access, support).
- Spousal support obligations.
- Property and financial disputes.
- Tax status changes.
The process can be smoother with mediation or separation agreements, avoiding lengthy and costly litigation. If you made a cohabitation agreement early on in your relationship, this process should be significantly smoother.
FAQs
Do common law partners need to get divorced?
No. Common law couples separate without divorce, but they may need legal agreements to settle financial or parenting matters.
What happens to property when a common law relationship ends?
It depends on the province. In B.C., property is divided equally. In Ontario, each keeps what’s in their name unless legal claims are made. Check out the articles in our Learning Centre for details about your province.
Can I claim spousal support after a common-law breakup?
Yes, if you meet the provincial requirements (e.g., 3 years of cohabitation in Ontario, 2 in B.C.).
Do I need a separation agreement if I’m in a common-law relationship?
Yes, it’s strongly recommended. A written agreement provides clarity and prevents future disputes.
Call to Action
Ending a common law relationship can be stressful, but it doesn’t have to lead to conflict. With the right agreements in place, you can protect yourself and your family while avoiding unnecessary legal battles.
At Jointly, we help Canadians create affordable, reliable cohabitation and separation agreements online — without the high cost of traditional legal services.
👉 Visit getjointly.ca today to protect your future.
I founded Jointly because I want to empower more Canadians with the knowledge and tools to create relationship agreements that work for them, at a price they can afford. My big dream? That reaching more Canadians with Jointly ultimately keeps more families out of the court system when relationships breakdown, which can be slow, expensive and traumatic. (I may or may not have personal experience with this 😅)
When I'm not lawyering, I'm most likely hiking with my dogs, kayaking the coastal waters around North Vancouver, or hitting the sauna and cold plunge.
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