Common Law in Ontario: What Are Your Rights When Ending a Relationship

May 14, 2025

When relationships end, the emotional and logistical challenges can feel overwhelming, especially when you’re in a common-law relationship. Many people are surprised to learn that common law in Ontario comes with different rights and responsibilities than marriage. This can lead to confusion and stress during an already difficult time.

You’re not alone. Whether you’re navigating shared assets, parental responsibilities, or simply figuring out how to move on, understanding your rights is the first step. In this article, we’ll walk you through what you need to know when ending a common law marriage in Ontario, how to protect yourself, and when it might be time to speak to a lawyer.

What is Common Law in Ontario?

In Ontario, a common law relationship is defined differently than a legal marriage. You are considered to be in a common law relationship if you and your partner have lived together in a conjugal relationship for:

At least three years, or
Less than three years, but you have a child together by birth or adoption.

Unlike a legal marriage, there is no formal ceremony or legal registration. That can make both the beginning and end of the relationship feel less clear-cut, but legally, the implications can still be significant.

Common Myths About Common Law Marriage in Ontario

Before diving into the separation process, let’s bust a few common myths:

Myth: You have the same legal rights as a married couple.
Truth: Not exactly. Common law partners don’t automatically share property rights unless the property is jointly owned or there is a written agreement.
Myth: Common law separation requires a divorce.
Truth: Divorce is a legal process reserved for married couples. Common law relationships don’t require divorce, but can still involve legal processes like parenting plans or spousal support.
Myth: Everything is 50/50.
Truth: In common law separations, property division is not automatically split down the middle. Ownership and contribution matter more.

What Happens When a Common Law Relationship Ends?

There is no single process for ending a common law marriage in Ontario, but you do have options and legal rights to consider. Here’s what to keep in mind:

1. No Legal Divorce Required

Unlike married couples, you don’t need to file for divorce. You can simply stop living together, but it’s still a good idea to create a separation agreement to handle key issues like:

Property division
Debts
Parenting time
Child and spousal support

A lawyer can help ensure that the agreement is fair and legally enforceable.

2. Property Rights Differ From Married Couples

Under Ontario law, property division only applies automatically to married couples. Common law partners do not have equal rights to shared property unless:

They jointly own the property, or
One partner can prove they made significant contributions (financial or otherwise) to the property and should be compensated through a legal claim like a constructive trust.

For example, if your name isn’t on the house title but you contributed to the mortgage or renovations, you may have a claim, but it’s complex. Legal advice is essential in these situations. You can learn more about the details of property rights for common-law couples to better understand your rights.

3. Spousal Support May Be Available

Even if you’re not married, you may be entitled to spousal support if:

You were in a common law relationship for at least three years, or
You have a child together and have lived in a relationship of some permanence.

Support is not automatic—it depends on factors like financial need, your role during the relationship, and your ability to become self-sufficient.

4. Parenting Time and Child Support

If you share children, you must decide:

Where the children will live
How parenting time will be shared
How child support will be paid

In Ontario, both parents have an equal right to seek custody and parenting time. Child support is calculated based on the federal child support guidelines, and the best interests of the child are always the court’s priority.

Best Options for Ending a Common Law Relationship

Every relationship is unique, but here are some general steps to help guide the process of ending a common-law marriage in Ontario:

A. Start with a Separation Agreement

A separation agreement is a legal contract that outlines how you and your former partner will divide property, handle debts, and co-parent if children are involved. It’s a cost-effective alternative to going to court and offers clarity moving forward.

To be enforceable, the agreement should be:

In writing
Signed by both parties
Witnessed and dated

Working with a common law lawyer ensures the agreement is clear and protects your rights.

B. Consider Mediation

If communication is difficult, mediation can be a helpful way to resolve disputes. A neutral third party helps you both reach agreements without court. Mediation is often faster, less stressful, and more affordable.

C. Go to Court if Necessary

If you cannot agree on key issues, the court may be necessary, especially for child-related matters or financial disputes. A family lawyer can represent your interests and help you navigate the legal system.

Protecting Yourself After Separation

Ending a relationship is also about protecting your future. Here are a few post-separation steps to consider:

Update your will and beneficiary designations
Close joint accounts and remove shared debts
Change passwords on digital accounts
Keep records of all communications and agreements

When to Speak With a Lawyer

While some separations are amicable, many involve emotional and legal complexity. A lawyer can help you:

Understand your legal rights
Draft or review separation agreements
Pursue or defend spousal support claims
Navigate property disputes
Resolve parenting and child support issues

Legal advice early on can save time, money, and stress later. A common law lawyer can help

Work With Kelly D. Jordan Family Law

Ending a common law relationship can be emotionally exhausting, but having the right information empowers you to make decisions with confidence. Remember, common law in Ontario comes with specific legal rules, and your rights may differ significantly from those in a marriage.

Whether you’re considering separation or already in the process, don’t go it alone. Get informed, get support, and know that help is available.

At Kelly D. Jordan Family Law, we understand that this is one of the most important decisions you’ll ever make. If you’re looking for guidance on ending your common-law relationship in Ontario, our experienced family law team is here for you.

Family law lawyer Kelly D Jordan can provide you with the legal guidance and support you need.

If you need legal advice regarding separation or divorce, contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation. Let us provide you with the guidance and representation you need.