- For support claims, spouse also covers two unmarried people who have cohabited continuously for at least three years.
- It also covers unmarried people in a relationship of some permanence who are the parents of a child.
- The general definition of spouse in the Family Law Act covers people who are married to each other and people who entered a void or voidable marriage, so who counts depends on the purpose.
People often ask how long they need to live together before a partner can claim support. The answer is not a single number, because the word spouse is used differently depending on the claim.
This article explains the tests that apply to support claims by unmarried partners in Ontario, and how they differ from other rules. A lawyer can apply them to your dates and facts.
Two meanings of spouse in the Family Law Act
The general definition of spouse in s. 1(1) of the Family Law Act covers only people who are married to each other or who entered a void or voidable marriage. That is why many property rules, including the matrimonial home rules in Part II, apply to married people only.
Support claims use a wider definition. For those claims, spouse also covers certain unmarried people, which is what opens the door to a common-law partner's claim.
The two ways to qualify for support
Under the Family Law Act, two unmarried people can be spouses for support in either of these situations.
- They have cohabited continuously for at least three years.
- They are in a relationship of some permanence and are the parents of a child.
If you meet the second test, you do not need to have lived together for three years. Meeting a test only allows a claim. Whether support is actually owed and how much depends on other factors a lawyer can explain.
What counts as cohabiting
To cohabit means to live together in a conjugal relationship, whether within or outside marriage. That is about the nature of the relationship, not only sharing an address. Whether a couple was living together in that way, and whether a break interrupted continuous living together, depends on the facts.
The date the cohabitation ended matters to whether a common-law partner can claim support. Gather evidence of when you moved in together, when you separated, and the nature of the relationship in between.
Other tests are different
Meeting the support test does not make you a spouse for every purpose. The table compares a few common ones.
| Purpose | Who counts or what is required |
|---|---|
| Support under the Family Law Act | Unmarried people with three years of continuous cohabitation, or a relationship of some permanence plus a child together |
| Matrimonial home rights, Part II | Married people |
| Equalization of net family property | Married spouses |
| CRA common-law status | 12 continuous months of living together, which includes any period separated for less than 90 days because of a relationship breakdown |
On property, common-law couples are not legally required to split property acquired while living together, and items generally belong to whoever bought them. A partner who contributed to the other's property may need to go to court to recover that contribution.
What to do next
- Write a timeline of when you began living together and when you separated.
- Note whether you and your partner have a child together.
- Collect leases, tax filings, bills and other documents showing a shared address.
- Get legal advice on whether you meet either support test before making decisions.
- Remember that a separation agreement is unenforceable unless it is in writing, signed by the parties and witnessed.
Frequently asked questions
How long do we have to live together before I can claim support?
One path is cohabiting continuously for at least three years. Another is being in a relationship of some permanence and being the parents of a child.
Does having a child together change the test?
Yes. Unmarried people in a relationship of some permanence who are the parents of a child can be spouses for support without the three-year period.
If the CRA treats us as common-law, does that decide support?
No. The CRA test is 12 continuous months of living together, including any period separated for less than 90 days because of a relationship breakdown. Support claims use the Family Law Act test instead.
Can I claim half of the property as a common-law partner?
Not as of right. Common-law couples are not legally required to split property acquired while living together. You may be able to go to court to recover a contribution you made to your partner's property.
Sources
- Family Law Act, R.S.O. 1990, c. F.3 (e-Laws) — Ontario e-Laws
- Ontario.ca – Dividing property when a marriage or common law relationship ends — ontario.ca
- Ontario.ca – Violence in the family — ontario.ca
- CRA – Marital status — canada.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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