What Are Your Rights After a Common Law Separation in Ontario?

If you and your common law partner have decided to part ways, it was either because of the increasing issues for a long time or the decision was a sudden one. Whatever the reason is, you’re probably asking the same question everyone in your situation asks first: “What are my rights here?”

Here’s the uncomfortable truth: common law rights after separation in Ontario are genuinely different from what most people assume. A lot of couples discover this the hard way, after years of building a life together, when the laws they thought protected them simply don’t apply the same way they would in a marriage.

Here, you’ll get a clearer picture, so that you know what’s best for you and your partner after separation. 

What Counts as “Common Law” in Ontario?

Before you know about your rights after a common law separation, it’s better to confirm whether Ontario even considers you to have been in a common law relationship in the first place.

In Ontario, you’re generally recognized as common law spouses if you’ve either:

• Lived together continuously for at least 3 years, or
• Had a child together and been in a relationship of some permanence

It’s not just about sharing an address. A “conjugal relationship” in Canadian law means you share finances, a social life, an emotional connection, and generally hold yourselves out as a couple, not just roommates who happen to be dating.

Not Married, Still Separated: What Are Your Rights?

1. Property Division

This is one of the biggest differences between common law separation and divorce in Ontario. Under the Family Law Act (Ontario), the rules that allow married couples to split property equally do not apply to common law partners.

Each person usually keeps what they legally own. If an asset is in your name, it’s yours. If it’s in your partner’s name, it belongs to them, no matter how long you were together or how much you contributed. However, there are exceptions. If you contributed money, effort, or unpaid work (like childcare or maintaining a home), you may have a claim. 

This is known as unjust enrichment, where one partner unfairly benefits at the other’s expense. In some cases, courts may recognize that you have a share in certain assets, even if your name isn’t on them, but these claims are not automatic and can be harder to prove.

2. The Family Home: A Crucial Difference

Those couples who are married have an equal right to possess the matrimonial home, no matter whose name is on the deed. Whereas, for common law partners, the home belongs to the one who owns it and holds title. 

Technically, if your name is on the title, you can ask your partner to leave. However, the court frowns on this, especially if your partner is in a weaker financial position. Also, it can negatively affect any spousal support claim.

3. Spousal Support & Child Support

This is where common law partners in Ontario have important rights. Under the Family Law Act (Ontario), you are entitled to spousal support if you and your partner:

• Have lived together for at least 3 years
• Have a child together
• Were in a stable relationship

Spousal support is calculated the same way as for married couples.  The court factors in income, length of the relationship, and each partner’s financial situation.

Even the child support rules are exactly the same for married and unmarried couples. Payments are based on the Federal Child Support Guidelines, which set standard amounts depending on income and the number of children.

It’s also important to know that if you helped raise your partner’s child from a previous relationship, a court may consider you as a parent and require you to contribute financially.

4. Children: Custody & Parenting Arrangements

Your relationship status is not as important as the well-being and the best interests of children. So, no matter if you were married or in a common law relationship, both parents have the right to ask for parenting time and decision-making responsibility.

The only difference is which law applies in which condition. The main difference is which law applies. Common law parents usually apply under the Children’s Law Reform Act (Ontario), while married couples going through divorce apply under the Divorce Act (Canada).

But the procedure is the same, the court looks at one key factor and that is the best interests of the child. This includes factors such as the child’s needs, stability, and relationships with each parent.

In short, being common law does not reduce your rights as a parent; your role and involvement in your child’s life matter most.

Protecting Yourself After a Common Law Separation

• You must close or separate your joint accounts, credit cards, and other shared financial obligations
• Reset all your accounts, including emails, banking, social media, and other important accounts
• Keep all the records of your communications, contributions, and agreements during and after the relationship
• Make an inventory of valuable property and possessions to avoid disputes later
• Consult a lawyer to understand and protect your common law rights after separation

Moving Forward: Protect Your Rights & Your Future

Ending a common law relationship is emotionally exhausting and legally a bit complex. But when you know about common law rights after separation, it makes the process and what comes after less stressful. 

If you are not sure about something or need guidance, the team at Kavita V. Bhagat Family Law Solutions is here to assist. Our family lawyers know common law rights after separation inside out and can make sure your rights are protected. Get in touch and get the support you deserve.