What counts as a 'common-law' relationship in Ontario?
Ontario law does not use one single definition of "common-law" for every purpose. The threshold varies depending on which statute applies to your situation.
Under the Family Law Act, spouses who have lived together continuously for at least three years — or who have lived together in a relationship of some permanence and have a child together — qualify for support rights and obligations. The Succession Law Reform Act uses the same three-year or child-plus-permanence test for inheritance rights on an intestacy. Federal programs such as the Income Tax Act and the Canada Pension Plan use a one-year cohabitation period to recognize a common-law partner.
Because the threshold differs by context, it is important to identify which law is relevant to your specific question. A couple who qualifies as common-law under the Income Tax Act may not yet qualify for spousal support rights under the Family Law Act. If you are unsure where you stand, speaking with a family lawyer can help you understand exactly which rights and obligations apply to your relationship.
Key takeaways
- "Common-law" has different time thresholds depending on the law being applied.
- The Family Law Act generally requires three continuous years of cohabitation, or one year plus a child.
- Federal programs often use a one-year threshold.
- Seek legal advice to clarify which definition applies to your specific situation.