What counts as three years of cohabitation for spousal support purposes in Ontario?

Under the Family Law Act, a common-law couple must have "cohabited continuously" for at least three years to qualify for spousal support (absent a child). "Cohabitation" means living together in a conjugal relationship — sharing a home and living as a couple, with the mutual intention to do so. Brief separations during an otherwise continuous relationship do not necessarily restart the clock, but courts examine the full context.

The three years does not need to be in a single unbroken stretch if the couple had an ongoing relationship with temporary periods apart. Courts look at whether the parties held themselves out as a couple, how they arranged their finances and living space, and what the nature of the relationship was during any gap.

If the couple lived together for a period, separated briefly, and resumed cohabiting, courts may count the total period or may find the clock restarted depending on the circumstances. There is no bright-line rule for interruptions — it is fact-specific. If you believe the three-year threshold is borderline in your case, document the periods of cohabitation carefully (joint leases, shared bank accounts, shared utility bills) and get legal advice on how a court would likely count your time together.