What key legal rights do common-law couples have in Ontario compared to married couples?

Common-law couples in Ontario share some rights with married couples but have important gaps. On the similar side: both can claim spousal and child support, both have access to protective orders, and the same parenting law applies to children regardless of the parents' relationship status. Federal benefits like the CPP survivor's pension, RRSP rollovers, and the CRA's recognition of the relationship also extend to qualifying common-law partners.

The most significant differences arise in property. Married spouses have a statutory right to equalize net family property under the Family Law Act; common-law partners do not. Married spouses also have a special right to stay in the matrimonial home during separation; common-law partners have no equivalent statutory right to the family home. On intestacy, a qualifying common-law spouse has inheritance rights, but the process and share may differ from what a married spouse would receive automatically.

The practical answer is that common-law couples who want marriage-equivalent protections should put those protections in writing through a cohabitation agreement. The law will not fill those gaps automatically.