Does a Common-Law Spouse Get Survivor Pension Benefits in Ontario?

When a partner dies, survivor pension money can matter a great deal. If you were not married, you may wonder whether the plan treats you as a spouse at all.

The answer depends on which pension is involved. A workplace pension governed by Ontario's Pension Benefits Act and the Canada Pension Plan use different tests, so it helps to look at each one separately.

Who is a spouse under the Pension Benefits Act

Under the Pension Benefits Act, "spouse" includes two unmarried people living together in a conjugal relationship continuously for at least three years. It also includes unmarried people in a relationship of some permanence if they are the parents of a child.

So a couple with a child together does not have to wait three years, but the relationship still needs to be one of "some permanence". The Family Law Act uses the same "some permanence" wording for unmarried parents of a child. Whether your relationship meets that standard depends on your situation, so it is worth confirming with a lawyer.

What a workplace pension can pay a surviving spouse

• Before retirement: 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. This can include a common-law spouse who meets the definition.
• After retirement: a retired member who has a spouse must have the pension paid as a joint and survivor pension. The surviving spouse's pension must be at least 60 per cent of the pension.

In both cases, the key question is who counts as the spouse at the relevant time. That is why the definition above matters.

How a separated legal spouse can lose these rights

Being legally married does not guarantee survivor rights. 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.

If that happens, a common-law partner who meets the definition may be the person the plan treats as the spouse. Facts about separation can be disputed, so a lawyer can help confirm where you stand.

The CPP survivor's pension uses a different test

For the CPP, a separated legal spouse may qualify for the survivor's pension 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.

Related points and next steps

A common-law partner does not inherit automatically if the person dies without a will, because the intestacy rules use the married-spouses-only meaning of spouse. A qualifying common-law spouse can instead apply for dependant's support from the estate, and the application must be made within six months of the grant of letters probate or letters of administration. Our separate article on estate support covers that claim in more detail.

Proving that you lived together can be fact-specific. In one Ontario Court of Appeal decision, partners who kept separate homes for almost 14 years were found to be spouses, and the court weighed several factors together, including shared shelter, services, economic support and how society saw the couple.

• Gather proof of when you started living together, such as leases, bills and joint accounts.
• Find out whether the plan or pension office has its own forms and deadlines.
• Note any child you have together.
• Check whether the deceased was still legally married to someone else.
• Speak with a lawyer early, especially because of the six-month estate support deadline.

Frequently asked questions