How Long Must Common-Law Partners Live Together to Claim Spousal Support in Ontario?

In Ontario, you may be eligible for spousal support if you lived together as a couple for at least three years, or if you were in a relationship of some permanence and had a child together. Marriage is another basis for eligibility.

Eligibility is only the first step. Entitlement must be proven or agreed before any guideline formula applies, and an income gap on its own does not create it. If you qualify, the amount depends on factors such as the income gap, who cared for any children, each person's age, roles during the relationship, health, and ability to support yourself. Couples can agree on support in a separation agreement, or a judge can decide. Judges often base their decisions on the Spousal Support Advisory Guidelines, though those guidelines are not law.

Common-law partners may claim spousal support, but they are not legally required to split property acquired while living together, because property generally belongs to whoever bought it. Proving the relationship usually comes down to showing when you lived together and how you shared your lives, so gather documents such as leases, bills and records showing a shared address. A lawyer can tell you how your facts fit.