Can an Unmarried Partner Claim Spousal Support in Ontario?

Yes, an unmarried partner can claim spousal support in Ontario if they meet the Family Law Act's wider meaning of spouse for support. That covers two unmarried people who have cohabited continuously for at least three years, or who are in a relationship of some permanence and are the parents of a child. Parents do not need the three years, but the relationship must still have some permanence.

Qualifying is only the first step, because support is not automatic. You must also show a basis for it, such as caregiving or career sacrifices during the relationship, need after separation together with the other spouse's ability to pay, or an agreement that provides for support. The court weighs all the circumstances, including each person's means, age, health and steps toward self-support.

For a spouse, it also looks at how long you cohabited, housekeeping and child care work, and the effect of caring for a child on earnings and career. Lawyers and judges often use the Spousal Support Advisory Guidelines for amount and length, but they are only guidelines. Whether you qualify depends on your facts.