Do Common-Law Spouses Get Survivor Pension Benefits in Ontario?

Losing a partner is hard enough without wondering whether their pension dies with them. If you lived with your partner but never married, the answer depends on which pension you are asking about and on how the law defines "spouse" for that purpose.

This article walks through the Ontario workplace pension rules, the Canada Pension Plan survivor's pension, and the very different rules for inheriting from an estate. It explains how things generally work. Your own facts matter, so a lawyer can confirm how the rules apply to you.

Who counts as a spouse under the Pension Benefits Act

For Ontario-regulated workplace pensions, the Pension Benefits Act says "spouse" includes two unmarried people who have lived together in a conjugal relationship continuously for at least three years. It also includes unmarried people in a relationship of some permanence who are the parents of a child.

Under the Family Law Act, to cohabit means to live together in a conjugal relationship, whether the couple is married or not. Courts looking at that question weigh several factors together, such as shared shelter, personal behaviour, services, social activities, economic support, children, and how society perceives the couple. Whether a couple meets this test, and whether a relationship has "some permanence", depends on the facts and is decided case by case.

Not every pension is covered by this Ontario statute. Which law governs your partner's plan, and what the plan itself says, are worth checking early.

Before retirement: the pre-retirement death benefit

If a plan 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 three-year or parent-of-a-child definition.

The timing matters. The test is applied on the date of death, not at some earlier point in the relationship.

There is an important exception for married couples who have split up. A married spouse who is living separate and apart from the member on the date of death has no entitlement to this benefit. In that situation, a common-law partner who qualifies as a spouse may be the person the benefit is aimed at, though who is entitled in a particular case can turn on the facts.

After retirement: the joint and survivor pension

When a retired member has a spouse, the pension must be paid as a joint and survivor pension. The surviving spouse's pension must be at least 60 per cent of the pension the member was receiving.

Again, a married spouse living separate and apart from the member when the first pension instalment is due is not a spouse for this purpose. Whether a common-law partner counts as a spouse for this pension depends on the Act's definition of spouse.

The Canada Pension Plan survivor's pension

The CPP survivor's pension uses a shorter test. A common-law partner is a person who lived with the contributor in a conjugal relationship for at least one year. That is different from the three-year test in the Ontario pension statute, so you may meet one test and not the other.

A separated legal spouse may qualify for the CPP 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. This is a recent change, so check the current rules with Service Canada or a lawyer.

The estate: no automatic inheritance, but a possible support claim

Pension rules and inheritance rules are separate. If someone dies without a will, "spouse" in the intestacy rules means married spouses only, so a common-law partner does not inherit automatically.

There is a different path. A qualifying common-law spouse can apply for dependant's support from the estate. For that claim, "spouse" has the wider Family Law Act meaning that covers unmarried partners who meet the support test. The application must be made within six months of the grant of letters probate or letters of administration.

A will is the most direct way to leave something to a partner you are not married to. Without one, that support claim may be your main route to the estate.

What to do next: a checklist for common-law couples

• Ask the plan administrator for the plan text and your partner's current pension details.
• Check the beneficiary and spouse designations on every pension, and keep them current.
• Gather proof you lived together: leases, joint accounts, bills, tax filings and any children's records.
• Note how long you have lived together and whether you have a child together, since both tests turn on this.
• If your partner is still legally married to someone else, get advice early, since separation affects who is treated as a spouse.
• Make a will, and ask your partner to do the same.
• If a death has occurred, diarize the six-month deadline from probate or administration for an estate support claim.

If a partner has died or is seriously ill, speak with a lawyer promptly. Pension entitlements, CPP applications and estate deadlines all run on different clocks.

Frequently asked questions