- A common law spouse does not inherit under Ontario's Succession Law Reform Act if the other partner dies without a will, so planning ahead matters.
- Common law couples are not legally required to split property acquired during the relationship, so each person's paperwork carries real weight.
- Whether a beneficiary designation can be changed depends on how it was made, so check the policy and have a lawyer confirm.
- Cohabitation agreements and wills can work alongside a designation, and changes to a domestic contract must be in writing and witnessed.
If you and your partner are not married, life insurance is one of the most practical ways to make sure the survivor is looked after. Many couples assume that simply living together is enough. It often is not.
This article explains the idea of a beneficiary designation, the difference between revocable and irrevocable in plain terms, and where other claims against an estate can create conflict. The detailed insurance rules should be confirmed against the policy and with a lawyer.
Why the paperwork matters more for unmarried couples
Common law partners are treated differently from married spouses. A common law spouse does not inherit under Ontario's Succession Law Reform Act if the other partner dies without a will. Furniture, household items and other property belong to the person who bought them, and the equal-split rule for married spouses does not apply.
That is why the name on a policy and the wording in a will can decide whether your partner is protected. The relationship alone does not do that work.
How a beneficiary designation works
A beneficiary designation is how you name the person who receives the payout when the insured person dies. How that works in your case depends on the policy, how the designation was made and the Insurance Act, so confirm it before relying on it.
| Term | What it means in plain words |
|---|---|
| Revocable designation | A designation that can be changed later. Whether and how depends on the policy and the law. |
| Irrevocable designation | A designation that is meant to be harder to change. Who must agree to a change depends on the policy and the law. |
| No valid beneficiary | What happens to the payout depends on the policy and the law, and the will may matter. |
The table is a general guide only. The exact rules for each type, and what an insurer will accept, should be checked against your policy wording and with a lawyer. If you want certainty, an irrevocable designation is a serious step to think through carefully because it may limit your own future choices.
Where estate claims can conflict with the policy
Problems tend to arise when several people believe they have a claim. A former spouse, a child, or the estate itself may say the money should go elsewhere. Some claims are based on support, others on property.
- Spousal support is not automatic. A claimant must show something like a relationship responsibility that kept them from building a career, a financial need the other spouse can meet, or a legal agreement providing for support.
- A partner who contributed to property the other partner owns may have a right to part of it, and may have to go to court to recover the contribution unless the other partner agrees to pay.
- Child support is based on the number of children, the paying parent's province and the paying parent's income.
- A general application (Form 8) in family court can be used for claims other than divorce, including child support and dividing property.
If you have separated from a previous spouse or have children from an earlier relationship, it is worth checking whether any earlier agreement or order affects your choices. That is worth checking before you change anything. A lawyer can read your agreement against the policy.
Using a cohabitation agreement and will together
A cohabitation agreement is a domestic contract that sets out property rights for common law couples. It cannot say who has decision-making responsibility or parenting time for the children. How it fits with your insurance and your will depends on your situation, so it is worth confirming with a lawyer.
Any change to a cohabitation or marriage contract must be made in writing and signed in front of a witness, and each partner should speak to a different lawyer before signing. Your designation, will and agreement should all say the same thing. Mismatches are what lead to disputes.
What to do next
- Get a copy of each life insurance policy, including any workplace group coverage
- Check who is currently named, and whether it is described as revocable or irrevocable
- Name your partner by full legal name and keep a copy of the confirmation
- Review any separation agreement or order that may affect who must be named
- Make or update your will so it matches your designations
- Consider a cohabitation agreement, with separate lawyers for each partner
- Have an Ontario lawyer confirm how the designation interacts with your estate
Review everything after major life events such as a move, a new child, a separation or a death in the family.
Frequently asked questions
Will my common-law partner receive my life insurance automatically?
Not because of the relationship alone. Receiving the payout generally depends on who is named and how the designation was made, which should be checked against the policy. A common law spouse also does not inherit under the Succession Law Reform Act if there is no will.
What is the difference between revocable and irrevocable?
In general terms, the difference is about how easily a designation can be changed later. The exact effect, including who must agree to a change, depends on the policy and the law, so confirm it with a lawyer before choosing.
Can someone else challenge my partner's claim?
Other people may raise claims based on support, property or an earlier agreement. For example, support must be proven on need or responsibility, and a partner who contributed to property may have to go to court to recover it. Outcomes depend on the facts.
Should we sign a cohabitation agreement?
It can set out property rights, but it cannot decide parenting time or decision-making for children. Changes must be written and witnessed, and each partner should have a different lawyer.
Sources
- Ontario.ca – Spousal support — ontario.ca
- Ontario.ca – Dividing property when a marriage or common law relationship ends — ontario.ca
- Ontario.ca – Administering estates — ontario.ca
- Ontario.ca – Guide to procedures in family court: Starting your family case — ontario.ca
- Ontario.ca – Arranging child support — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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