Legal Terminology: The Definition of Spouse in Family Law (Ontario)

Dec 11, 2025

If you are navigating a separation, support or property-related issues, understanding the definition of spouse in Ontario family law is important. Knowing how the law applies to your situation gives you the clarity you need. Many people are surprised to discover they qualify as spouses in some areas of family law but not in others.

While the word “spouse” seems straightforward, its legal meaning shifts depending on the context. Ontario’s legislation draws distinctions between spouses for support, spouses for property division, and spouses in common-law relationships.

As family law lawyers in Toronto, the team at Kelly Jordan Family Law provides expert counsel to individuals needing clarity in these matters.

In this guide, we break down the meaning of spouse, explain what a spouse is in family law, and clarify how definitions differ across Ontario’s key legislation.

Why Definitions Matter in Family Law

The definition of spouse in Ontario determines legal rights and responsibilities in several areas, including:

Eligibility for spousal support
Entitlement to property division
Rights upon separation or death
Responsibilities for debts and shared financial obligations

Because these rights differ depending on marital status or relationship length, knowing your legal standing helps you plan your next steps.

The Definition for Spouse Under Ontario’s Family Law Act

Ontario’s Family Law Act (FLA) sets out one of the most commonly applied definitions of spouse. For the purposes of spousal support, the FLA considers you a spouse if:

You are legally married
You have lived together continuously in a common-law relationship for at least three years
You have lived together in a relationship of some permanence and share a child by birth or adoption

This broad definition captures married spouses and many unmarried partners. The goal is to ensure that individuals who have built a life together, especially where parenting or long-term financial interdependence exists, have access to support if the relationship ends.

Spousal Support: When Common-Law Couples Qualify

For support purposes, the law recognizes common-law relationships that meet either the three-year cohabitation threshold or involve a child. In these cases, a separating partner may be entitled to:

Temporary spousal support
Long-term or reviewable support orders
Negotiated support through separation agreements

Understanding what a spouse is in family law helps couples determine whether they might have a support claim or whether they may be required to provide support.

Property Division: A Different Definition for Spouse

One of the most misunderstood aspects of Ontario family law is that the definition of spouse for property division is narrower than the definition for support. Under the Family Law Act, only married spouses can participate in the equalization of net family property.

What This Means in Practice

If you are legally married, both partners share in the increase of their combined net worth during the marriage. When a marriage ends, the spouse with the higher increase compensates the other through an equalization payment.

Common-law relationships have different rules. Common-law spouses are not automatically entitled to equalization or to a share of their partner’s assets. Instead, property claims must be made under complex trust principles, requiring proof of contribution or enrichment.

Understanding this distinction is critical. Many long-term partners assume they have the same property rights as married spouses, but the law treats these relationships differently.

Marriage: The Most Straightforward Path to Spousal Status

Marriage creates clear legal rights and obligations.

Married spouses qualify for:

Spousal support
Equalization of property
Exclusive possession of the matrimonial home
Inheritance rights without a will

For couples seeking legal certainty, marriage remains the most predictable route. Still, not every couple chooses marriage, and common-law partners should be aware of how their status affects their rights.

Common-Law Spouses: When Cohabitation Creates Legal Ties

Many Ontarians live in common-law relationships, and the law provides a framework that recognizes financial and caregiving interdependence in these partnerships.

To qualify as a common-law spouse for support, one of the following must apply:

Three years of continuous cohabitation, or
A relationship of some permanence with a shared child

While property division differs, common-law partners can still use cohabitation agreements to define financial expectations, clarify ownership, and protect themselves in case the relationship ends.

Spouses Under Federal Legislation

Ontario is governed by provincial law, but marriage and divorce fall under federal jurisdiction. The federal Divorce Act uses its own meaning of spouse, applying only to legally married couples. This definition matters for:

Divorce proceedings
Child and spousal support under the Divorce Act
Parenting orders

Common-law partners cannot divorce under the Divorce Act, because the legislation does not recognize common-law couples as spouses for the purpose of divorce. However, they may still pursue support under Ontario’s Family Law Act.

When You May Not Meet the Definition of Spouse

There are situations where people believe they are spouses, but the law disagrees. Examples include:

Couples who date but do not live together
Short-term relationships without a shared child
Common-law partners who separate before reaching the three-year threshold

Understanding the legal framework helps avoid misunderstandings about support, property rights, or obligations.

How Courts Evaluate Whether a Relationship Is Spousal

Courts look beyond labels. Even if a couple never formally defined their relationship, judges consider factors such as:

Length of the relationship
Degree of financial integration
Shared responsibilities like childcare or household tasks
Emotional and physical intimacy
Social presentation as a couple

The goal is to understand the true nature of the relationship, not simply the titles the partners used.

Why Clear Legal Advice Matters

If you’re unsure whether you meet the definition of spouse in Ontario, speaking with a family lawyer can provide clarity. Rights and obligations can extend far beyond what people expect, and assumptions about common-law relationships often lead to preventable disputes. Understanding your status can help you negotiate fair agreements and protect your financial future.

Definition for Spouse: Get Support from Kelly Jordan Family Law

If you have questions about the definition of spouse or what a spouse is in family law, our team at Kelly Jordan Family Law can help. We work with married and common-law clients across Ontario to clarify rights, support informed decision-making, and guide clients through separation, support claims, agreements, and complex property issues.

Get support from our team at Kelly Jordan Family Law. Our team of family and divorce lawyers is here to answer your questions and guide you through each step of the process.

Contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation, so that we can provide the guidance and representation you need.