Do common-law partners have the same rights as married spouses when they separate in Ontario?

No — in Ontario, common-law partners do not have the same automatic property rights as married spouses when they separate. This is one of the most significant differences between marriage and common-law relationships in the province.

Married spouses are entitled to equalization of net family property under the Family Law Act. Common-law partners are not. Unless property is held jointly, each partner generally keeps what is in their own name. A common-law partner who contributed to property owned by the other may have a claim based on legal doctrines such as unjust enrichment or constructive trust, but these claims require proving a contribution and are more complicated than the automatic equalization available in marriage.

Spousal support is different: after living together for at least three years, or after having a child together, common-law partners may be entitled to or obligated to pay spousal support under the Family Law Act, just as married spouses can be.

Child support obligations are the same regardless of whether the parents were ever married.

If you are in a common-law relationship, a cohabitation agreement can protect your property rights and set expectations before separation becomes an issue.