General information only. This page explains broad Ontario family-law concepts. It is not legal advice for a particular relationship, separation or immigration matter.
In Ontario family law, the question is usually whether two people have lived together in a conjugal relationship. The Family Law Act defines “cohabit” as living together in a conjugal relationship, whether within or outside marriage. The legal consequences depend on the issue being considered, the parties’ history and the evidence available.
For spousal-support purposes under Part III of Ontario’s Family Law Act, unmarried partners may qualify as spouses if they have cohabited continuously for at least three years. A relationship of some permanence may also qualify where the parties are parents of a child together within the statutory definition. Marriage is not required for a support claim, but support is not automatic: entitlement, need, ability to pay and the surrounding circumstances all matter.
Ontario’s equalization regime is principally marriage-based. Unmarried partners are not automatically entitled to split property equally merely because they lived together or had a conjugal relationship. Property questions can involve title, financial and non-financial contributions, domestic contracts, unjust enrichment, constructive trust, resulting trust and joint-family-venture principles. The facts, agreements and timing can materially affect the result.
A cohabitation agreement can help partners address property, support and financial expectations in advance. Whether an agreement is appropriate or enforceable depends on the parties’ circumstances, disclosure and the agreement’s terms. Getting tailored legal advice before signing can help both people understand the consequences.
“Conjugal partner” also has a separate, specific meaning in Canada’s federal immigration sponsorship rules. That immigration category is not the same test as Ontario family-law cohabitation or support status. Immigration eligibility and Ontario family-law rights must be assessed separately.
If you are separating after a common-law relationship, or need advice about support, property or a cohabitation agreement in Ontario, Tailor Law can explain the family-law issues that may apply to your circumstances.
No. Living together does not automatically create the same property-equalization regime that generally applies to married spouses. Ownership, contributions, agreements and equitable claims can all matter.
Possibly. The statutory support definition and the facts of the relationship must be assessed. Cohabitation length, whether the parties have a child together, financial circumstances and other factors may be relevant.
Not necessarily. In Ontario family law, the analysis often concerns cohabitation and statutory support status. In federal immigration law, “conjugal partner” is a distinct sponsorship category with different criteria.
Sources for legal review: Ontario Family Law Act, R.S.O. 1990, c. F.3; Ontario guidance on common-law property division and spousal support; Kerr v. Baranow, 2011 SCC 10; Immigration, Refugees and Citizenship Canada sponsorship guidance.
Our experienced family law team is ready to help. Book a confidential consultation today.
Book Your Free 30-Minute ConsultationOr call us: (905) 366-0202