What Is a Domestic Partnership: Understanding the Term in Canada and Ontario Family Law

Dec 11, 2025

You may have heard the term on TV or in a film, but what is a domestic partnership? Knowing what it is is important, particularly as relationship structures evolve and more couples choose to live together without marrying.

The term is commonly used, but its legal meaning varies across Canada. In Ontario, the phrase “domestic partnership” is not formally recognized in family legislation. However, people continue to use it in everyday language to describe long-term, committed relationships outside marriage.

The team of family law lawyers at Kelly Jordan Family Law fields many questions about cohabitation and marriage, particularly as it relates to Ontario family law.

What is the meaning of a domestic partnership? In this blog post, we explore the definition, how the concept is treated in Canada, the specific differences in Ontario and how domestic partnerships compare to marriage, common law relationships and simple cohabitation.

Are Domestic Partnerships Recognized in Canada?

Canada does not have a single national definition of “domestic partnership.” Instead, each province determines its own framework for relationships outside marriage.

Across the country:

The term appears in some provincial statutes (for example, British Columbia and Nova Scotia have used the term in limited contexts).
Federal legislation does not define or register domestic partnerships.
Many rights that people associate with domestic partnerships are covered through federal definitions of “common-law partner.

Most Canadians who use the phrase actually mean one of three situations:

A long-term committed relationship without marriage
A common law relationship, as recognized by federal and provincial law
A cohabitation arrangement, with or without legal rights

Because there is no uniform national definition, understanding the term requires looking at the province where the couple lives.

Domestic Partnerships in Ontario: How the Term Is Used

Ontario does not formally register or define domestic partnerships in its family law statutes. Instead, rights and obligations for unmarried couples arise through definitions of spouses, common law partners and cohabiting partners under different laws.

In Ontario, a relationship often described as a “domestic partnership” may fall into one of the following categories:

Spouses under the Family Law Act for support purposes
Common law partners under federal legislation
Cohabitants who share a household but may not qualify as spouses

Although the term has no legal status, it continues to be used by couples who want a committed relationship without the formality of marriage. For legal purposes, however, Ontario law relies on specific criteria to determine rights.

How Domestic Partnerships Compare to Marriage

Marriage creates a comprehensive legal framework in Ontario and across Canada. Key features include:

Equalization of net family property
Defined rights to the matrimonial home
Spousal support rights and obligations
Automatic inheritance rights
Ability to register the relationship through a marriage licence

A domestic partnership — at least in the way most Canadians use the term — does not create these rights.

In particular:

There is no automatic sharing of property.
There is no special status for the family home.
There are no automatic estate rights without a will.

This distinction is often the most significant difference between marriage and any informal partnership model, including common law relationships.

Domestic Partnerships vs. Common Law Relationships

Because Canada does not formally define domestic partnerships, many people use the phrase interchangeably with common law status. However, common law relationships are legally defined.

Under federal law, a person is considered a common-law partner if:

The couple has lived together for at least one year in a conjugal relationship; or
They share a child by birth or adoption.

Federal recognition affects income taxes, pensions, immigration and benefits programs.

In Ontario, common law partners may also qualify as spouses for support purposes if:

They have lived together in a conjugal relationship for at least three years; or
They have a child together and are in a relationship of some permanence.

Common law status is the closest legal equivalent to what many people casually refer to as a domestic partnership, but it does not create marriage-like property rights.

Domestic Partnerships vs. Cohabiting Partners

Some couples live together without meeting the criteria for common law status. They may see themselves as partners, share expenses and function as a household, but the law views cohabitation differently.

Cohabiting partners who do not meet the definition of spouses:

Do not have spousal support rights
Do not have property-sharing rights
Do not fall under common law definitions in federal programs

They may, however, still have parenting rights and obligations if children are involved.

This is why the term “domestic partnership” can create confusion. Two people may function as a committed couple, but unless they meet the legal tests, they are not recognized by law as spouses or partners with financial rights.

Key Legal Differences for Ontario Couples

Ontario’s approach to unmarried relationships is distinct because its family law legislation focuses on support, not property, for common law partners.

Property

In Ontario:

Married spouses share property through equalization.
Unmarried partners do not.
Property claims for unmarried partners are based on common law principles such as unjust enrichment or constructive trust.

Ontario follows one of the more restrictive models in Canada for property rights among unmarried couples.

Support

Ontario may treat domestic partnership-style relationships as spousal relationships for support if they meet the statutory definition of spouses. Support claims depend on:

Length of the relationship
Economic roles
Financial impact of separation

Parenting

Parenting rights and responsibilities apply equally, regardless of whether parents are married, common law or cohabiting.

Why the Term “Domestic Partnership” Continues to Be Used

Even without legal recognition in Ontario, individuals use the term because it expresses:

A committed relationship without marriage
Shared financial and emotional responsibilities
A partnership model that reflects their personal values

However, relying on the term alone can lead to misunderstandings about legal rights. Couples often believe that long-term cohabitation creates rights similar to marriage. In Ontario, this is not true.

When Professional Advice Is Helpful

Couples benefit from legal advice when they want clarity on:

Whether they qualify as common law spouses
How the property will be treated if the relationship ends
Whether a cohabitation agreement is advisable
Support rights and obligations
Parenting arrangements
Estate planning issues

A consultation with a family law attorney is often a helpful first step for couples who want to understand how the law applies to their circumstances.

Key Takeaways: What Is a Domestic Partnership in Canada and Ontario?

Canada does not have a national definition of domestic partnership.
Ontario does not register domestic partnerships.
Rights for unmarried couples depend on common law and support definitions, not partnership labels.
Marriage creates significantly more legal rights, especially regarding property.
Common law partners may qualify for support but do not receive automatic property rights.
Cohabiting partners who do not meet statutory definitions have very limited legal protections.

If you need guidance on how your relationship is treated under Ontario family law, Kelly Jordan Family Law can help you understand your rights and plan your next steps.

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.