- Ontario's Pension Benefits Act treats two unmarried people as spouses after at least three years of conjugal cohabitation, or if they have a child and a relationship of some permanence.
- The Canada Pension Plan survivor's pension uses a different test: at least 1 year of living with the contributor in a conjugal relationship.
- A family law order or agreement cannot give a former spouse a lump-sum pension transfer of more than 50 per cent of the imputed value.
Pensions are often a couple's largest asset after the home. If you are not married, you may wonder whether you would receive a survivor pension if your partner dies, or share the pension if you separate.
The answer depends on which pension is involved, because each program defines a common-law partner in its own way. This article walks through the main ones. A lawyer or the pension administrator can confirm how they apply to you.
Who counts as a spouse depends on the pension
There is no single test. Marriage is not always required, but the time you must live together and the other conditions change from one program to the next.
| Program | Common-law test |
|---|---|
| Workplace pension under Ontario's Pension Benefits Act | Conjugal relationship continuously for at least three years, or a relationship of some permanence if you are the parents of a child. |
| Pension division on separation | Uses the Family Law Act s. 29 meaning of spouse, which includes qualifying common-law spouses. |
| Canada Pension Plan survivor's pension | Lived with the contributor in a conjugal relationship for at least 1 year. |
| Support from an estate | Part V of the Succession Law Reform Act uses the Family Law Act s. 29 meaning of spouse. |
Whether a particular workplace plan is governed by Ontario's Pension Benefits Act can depend on the employer, so check with the plan administrator.
If your partner dies: workplace pension
If a member dies before their pension starts, the person who is their spouse on the date of death is entitled to the pre-retirement death benefit. That can include a common-law spouse who meets the Pension Benefits Act definition.
If the member has already retired and has a spouse, the pension must be paid as a joint and survivor pension, and the surviving spouse's pension must be at least 60 per cent of the pension.
There is an important exception for married couples who have separated. A married spouse living separate and apart from the member on the date of death has no entitlement to the pre-retirement death benefit. A married spouse living separate and apart when the first pension instalment is due is not a spouse for the joint and survivor pension. In some situations that can matter to a common-law partner, so the timing of separation and the facts of each relationship are worth reviewing with a lawyer.
The Canada Pension Plan survivor's pension
For the CPP survivor's pension, a common-law partner is a person who lived with the contributor in a conjugal relationship for at least 1 year.
A separated legal spouse may qualify only if the deceased had no common-law partner. A separated spouse whose CPP credit split for the same contributor was approved in January 2025 or later is not eligible, unless they reunited and lived together for 12 months or more immediately before the death. This is a recent change, so confirm the current rules with Service Canada or a lawyer.
If you separate: sharing the pension
Married spouses share property through equalization of net family property. Unmarried partners are generally not legally required to split property acquired during the relationship. Pensions are different in one respect: family law pension division under the Pension Benefits Act uses the Family Law Act s. 29 meaning of spouse, which includes qualifying common-law spouses.
- For spouses not covered by Part I of the Family Law Act, the family law valuation date is the date they separate with no reasonable prospect of resuming cohabitation.
- A family law order or agreement cannot give the former spouse a lump-sum pension transfer of more than 50 per cent of the imputed value for family law purposes.
- Separated couples who cohabited, married or not, can set their rights in a separation agreement.
Whether you qualify as a spouse can itself be contested. Courts look at the facts of each relationship, so keep records of when and how you lived together.
Practical steps
If your partner has no will, a common-law partner does not inherit automatically under the intestacy rules. A qualifying common-law spouse can apply for dependant's support from the estate within six months of the grant of letters probate or letters of administration. Do not wait to get advice.
- Ask the plan administrator for the plan's definition of spouse and its forms.
- Confirm that your partner has named you correctly on any beneficiary forms.
- Keep proof of when you began living together, such as leases and shared bills.
- Consider a cohabitation agreement, which can address property and support.
- Make a will so your wishes do not depend on intestacy rules.
- Speak with a lawyer promptly after a death or separation, because deadlines can be short.
Frequently asked questions
Can a common-law partner get a survivor pension from a workplace pension in Ontario?
Often yes, if you meet the Pension Benefits Act definition. That means at least three years of conjugal cohabitation, or a relationship of some permanence with a child together. A spouse at the date of death can receive the pre-retirement death benefit.
How long do we need to live together for a CPP survivor's pension?
For the CPP survivor's pension, a common-law partner is someone who lived with the contributor in a conjugal relationship for at least 1 year.
Can I share my ex-partner's pension if we were never married?
Possibly. Pension division under the Pension Benefits Act uses the Family Law Act s. 29 meaning of spouse, which includes qualifying common-law spouses. A transfer cannot exceed 50 per cent of the imputed value for family law purposes.
Does my partner's pension pass to me if they die without a will?
Not through the intestacy rules, because a common-law partner does not inherit automatically. A qualifying common-law spouse can still apply for dependant's support from the estate within six months of the grant of letters probate or letters of administration.
Sources
- Family Law Act, R.S.O. 1990, c. F.3, s. 5(1) (e-Laws) — Ontario e-Laws
- Ontario.ca – Dividing property when a marriage or common law relationship ends — ontario.ca
- Pension Benefits Act, R.S.O. 1990, c. P.8, s. 1(1) (e-Laws) — Ontario e-Laws
- Canada.ca – CPP survivor's pension — canada.ca
- Succession Law Reform Act, R.S.O. 1990, c. S.26, ss. 57, 61(1) (e-Laws) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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