Should a cohabitation agreement address student loan debt one partner carries in Ontario?

Yes, it is a good idea to address existing student loan debt in a cohabitation agreement, particularly if one partner carries significantly more debt than the other. Without an agreement, each partner is generally responsible only for debts in their own name, which means a student loan held solely by one partner would not ordinarily become the other partner's legal liability.

However, the situation can become complicated over time. If one partner financially supports the household while the other's income goes toward paying down student debt, the supporting partner may feel they contributed more to shared living expenses than was reflected — or may have expectations about property sharing that differ from what the law provides. A cohabitation agreement can address this explicitly, confirming that the student loan is the borrowing partner's sole debt, that the other partner's financial contributions to household expenses are not creating a claim on future income or assets, and how any tax benefits associated with the student loan interest will be handled.

This kind of clarity upfront avoids resentment and disputes later. A lawyer can help draft language that is specific to your situation and does not inadvertently create obligations you did not intend.