Do I have to pay spousal support if we were never married?

Yes — in Ontario, marriage is not required for a spousal support obligation to arise. The Family Law Act allows a person to claim support from a former partner if they lived together continuously for at least three years, or if they are in a relationship of some permanence and have a child together.

The court looks at the same factors it would for a married couple: the functions each person performed during the relationship, any economic advantages or disadvantages flowing from the relationship or its breakdown, and the financial need of the claimant weighed against the ability of the other person to pay.

One important difference: unmarried partners do not have the automatic property-equalization rights that married spouses have under the Family Law Act. Spousal support and property division are separate issues, so qualifying for support does not automatically entitle you to a share of your partner's property. If you are unsure whether your relationship qualifies, speaking with a lawyer is the clearest way to find out.