Common law separation in Canada: What it means, what rights you have, and what to do next

A plain-language guide to separating from a common law partner in Canada, including property, support, children, and why a written agreement matters more than most people realize.

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Common Law Separation

There is no "common law divorce", but you still need to resolve things

Millions of Canadians live in marriage-like partnerships without a marriage certificate. When those common law partnerships end, the legal path forward is fundamentally different from a divorce. And for many people, that difference comes as a shock.

What "separation" means for common law couples

The most important thing to understand is that here is no such thing as "common law divorce" or a "common law marriage" in Canadian law. Only married couples can divorce. A common law relationship ends the moment one party or both parties decide to live separately. There is no court application required. You are separated when you separate and no longer live together.

Once separated, there is no further legal step required to formally end the relationship, and you are free to move forward, including entering into new relationships. This is very different from married couples, who must apply for a divorce order under the federal Divorce Act before they can legally remarry.

When court involvement is still necessary

Not needing a "divorce" does not mean disputes resolve themselves. Separating couples frequently need provincial family courts for questions around property division, support and children, and common law partners in some provinces have significantly fewer automatic legal protections than married spouses.

This page explains the legal reality of common law separation across Canada: what the law says, how it varies by province, what rights you have, and what steps to take to protect yourself and your family.

Source: Justice Canada – Separation and Divorce

What does "common law" actually mean in Canada?

There is no single definition of "common law" in Canada. The threshold depends on what you're asking about and which province you live in.

The federal definition

The Canada Revenue Agency defines a common law partner as someone you have lived with in a conjugal relationship for at least 12 continuous months, or if you have a child together by birth or adoption. This is relevant for all federal purposes: income taxes, Canada Pension Plan benefits, Old Age Security, immigration, and federal employment benefits. Once you meet this threshold, you are required to file taxes as common law partners. CPP survivor benefits and other federal entitlements also flow from this status.

Source: CRA – Marital Status for Tax Purposes

Provincial definitions: Where it gets complicated

Property rights and spousal support are governed by provincial regulations. The provincial thresholds for common law partnership and for spousal support differ significantly from the federal definition and from each other.

Below is an overview of the threshold for a Common Law relationship where it comes to spousal support and property rights, in each of the provinces and territories of Canada:

Province / Territory	Spousal Support Threshold for Common‑Law	Property Rights Threshold for Common‑Law
Alberta	3 years in an “adult interdependent” relationship, OR child + relationship of some permanence, OR Adult Interdependent Partner Agreement.	Same threshold (adult interdependent partner) = equal family‑property division rights.
British Columbia	Lived in a “marriage‑like” relationship for at least 2 years, OR less than 2 years with a child together.	2 years in a “marriage‑like” relationship = family‑property regime applies.
Manitoba	Registered as common‑law under Vital Statistics, OR 3 years cohabitation, OR 1 year cohabitation with a child together.	Registered OR 3 years conjugal cohabitation = family‑property rights (equal division).
Newfoundland and Labrador	2 years cohabitation in a “conjugal relationship”, OR 1 year cohabitation with a child together.	No automatic family‑property rights for common‑law partners (married‑only regime).
New Brunswick	3 years continuous cohabitation with one partner substantially dependent on the other, OR relationship of some permanence with a child together.	No automatic family‑property rights for common‑law partners (married‑only regime).
Northwest Territories	2 years in a “conjugal relationship”, OR less than 2 years with a biological or adopted child together.	Same threshold (2 years conjugal OR <2 years + child) = equal division of family property available.
Nova Scotia	Registered “domestic partners”, OR 2 years continuous cohabitation in a conjugal relationship, OR conjugal relationship with a child together.	No automatic family‑property rights for common‑law partners (married‑only regime). If parties register their domestic partnership with vital statistics they can use the property division legislation.
Nunavut	2 years in a “conjugal relationship”, OR less than 2 years with a biological or adopted child together.	Same threshold (2 years conjugal OR <2 years + child) = equal division of family property available.
Ontario	3 years continuous cohabitation, OR relationship of some permanence with a child together.	No automatic family‑property rights for common‑law partners (married‑only regime).
Prince Edward Island	3 years continuous cohabitation in a “conjugal relationship”, OR conjugal relationship with a child together.	No automatic family‑property rights for common‑law partners (married‑only regime).
Quebec	No spousal support entitlement for common‑law partners under provincial law.	No automatic family‑property rights for common‑law partners; marriage‑only regime (new parental regime affects children, not couples’ property).
Saskatchewan	2 years continuous cohabitation “as spouses”, OR child together in a relationship of some permanence.	2 years continuous cohabitation “as spouses” = family‑property rights (equal division).
Yukon	Cohabited in a “relationship of some permanence” (no specific minimum duration in statute).	No automatic family‑property rights for common‑law partners (married‑only regime).

Source: Willful – Common Law in Canada by Province

Source: Ontario.ca – Dividing Property When a Common Law Relationship Ends

What "cohabitation" actually means

Simply sharing an address is not enough to establish common law status. Courts look at the full nature of the relationship, including emotional commitment and intimacy, financial interdependence, shared residence, how you present as a unit socially, and the presence of children. Temporary absences for work or travel do not break the cohabitation clock. Sharing accommodation as roommates without a conjugal relationship does not create common law status.

How common law separation differs from divorce for married couples

Property and asset division

This is where the gap between married and common law is most significant. Married couples in most provinces benefit from automatic equalization or division of family property accumulated during the marriage, and the matrimonial home is always included, regardless of whose name is on title.

For unmarried partners there are no automatic property rights in certain provinces. Check the Property Rights Threshold in the table above for your province. If matrimonial property division legislation does not apply, the default rule is simple and stark: what's in your name is yours, and what's in your partner's name is theirs. Jointly owned property is divided according to actual ownership.

Even if you contributed significantly to an asset held in your partner's name, then you still have no automatic claim to it if you’re outside of the thresholds listed above. You may have paid for it, contributed through labour, or by taking on parenting responsibilities so the other person could build wealth, you still have no claim to an asset held in your partner’s name.

The provinces where this default does not apply — where common law partners get marriage-like property rights after meeting a cohabitation threshold — are BC, Alberta (since January 1, 2020), Saskatchewan, and Manitoba. If you live in one of these provinces and have been together long enough, your property rights may be much stronger than you realize.

The family home

For married couples, both spouses have an equal right to possession of the matrimonial home regardless of who is on title, and neither can sell or mortgage it without the other's consent.

For common law partners in provinces without automatic property division, the partner whose name is on title or the lease has the legal right to ask the other to leave. This is one of the key distinctions between a married couple and a common law couple in those provinces.

This reality is one of the most frightening aspects of common law separation for the partner who isn't on title. Courts are reluctant to see it happen in ways that cause undue hardship, and a person who has a spousal support claim may apply for temporary possession. But the protection is not automatic.

Debts

Debt rules are the same for married and common law couples. You are legally responsible for debts in your own name. Joint and co-signed debts leave both parties fully liable to creditors, regardless of what any separation agreement says. A creditor is not bound by an agreement between the two of you. If both names are on the credit card, both remain responsible to the bank.

Spousal support

Common law partners have a legal right to claim spousal support, but unlike married couples, they must first meet an eligibility threshold. In most provinces, this means either three years of living together continuously, or one year of cohabitation with a child together. Some provinces also recognize a "relationship of some permanence" with a child as sufficient. See the thresholds listed above.

Once you cross that threshold, the analysis is the same as for married couples: entitlement is assessed on compensatory grounds (you sacrificed career or opportunity to support the relationship), non-compensatory grounds (the separation leaves you in financial need), or contractual grounds (a cohabitation agreement provides for support). Amount and duration are calculated using the Spousal Support Advisory Guidelines, the same tool used for married couples.

Quebec is the notable exception: common law partners in Quebec historically had no right to spousal support at all, regardless of the length of the relationship. A new parental union regime, effective June 30, 2025, provides some protections for common law couples with children, but spousal support still does not flow automatically in Quebec for common law partners.

Source: Ontario.ca – Spousal Support

Inheritance

Married spouses typically have automatic rights to inherit a portion of their partner's estate under provincial intestate succession laws. Common law partners in most provinces have no such automatic inheritance rights. If your common law partner dies without a will, you may receive nothing, even after decades together. It’s therefore essential for common law partners to have a will, if you want to protect each other from such a situation.

Pensions

Similarly, pensions accumulated during a marriage are divisible upon divorce in most provinces. Common law partners in Ontario, Quebec, and several other provinces have no automatic right to a share of their partner's pension, unless it was jointly contributed to or they can establish an unjust enrichment claim. BC, Alberta, Saskatchewan, and Manitoba extend pension division rights to qualifying common law couples.

Children: Where the rules are the same

Where it comes to children, common law and married couples are treated largely the same. Parenting decisions and child support are handled under the provincial family legislation, which isn't always identical to the Divorce Act. However, most of the difference is specific wording and the overall effect is generally the same.

Parenting rights apply equally regardless of whether the parents were married. That includes child custody and decision-making responsibility, parenting time, and the best interests of the child framework. Child support is calculated using provincial guidelines, which again is largely the same as Federal Child Support Guidelines, but with some slightly different wording, The amount of Child Support is based on the payor's income, the number of children, and the province of residence. Marital status makes no difference whatsoever to what children are owed or to either parent's obligations.

Source: Legal Line – Common Law Rights Under Family Law