In Ontario, “common law” refers to a relationship where two people live together in a committed, marriage-like arrangement without being legally married. This relationship status holds various legal implications, especially in terms of property, spousal support, and certain rights and responsibilities that resemble those of married couples. Here’s an in-depth look at what common law means in Ontario, covering rights, obligations, and how it differs from marriage:

1. Definition and Requirements

In Ontario, you are considered to be in a common-law relationship if:

• You have been living together in a conjugal relationship for at least three continuous years.
• Or, you have been living together for a shorter period but share a child, whether by birth or adoption.

Conjugal relationships in common law mean partners share a life similar to a married couple, including a personal and emotional connection, shared finances, and a home.

2. Legal Rights and Obligations of Common-Law Couples

While Ontario’s Family Law Act doesn’t consider common-law partners the same as married couples in all respects, common-law partners have rights and obligations in several areas:

• Spousal Support: Common-law partners may be entitled to spousal support upon separation if they meet the cohabitation requirements. Support can be awarded if one partner is financially dependent and suffers economic hardship due to the relationship ending.
• Property Rights: Unlike married couples, common-law partners do not have automatic property rights to the other partner’s assets acquired during the relationship. Instead, each partner keeps their individual property unless it’s jointly owned. However, a partner may seek an “equitable claim” to property if they contributed significantly to the other’s property.
• Inheritance: Without a will, common-law partners have no automatic inheritance rights under Ontario law. Therefore, it’s essential for common-law partners to create a will to ensure their partner receives their assets in the event of their passing.

3. Parenting and Child Support

When it comes to children, common-law and married couples in Ontario have similar responsibilities. If common-law partners share children, both parents are legally obligated to support them financially. Custody and access arrangements also apply in the same way as they would for married couples.

4. Taxation

The Canada Revenue Agency (CRA) treats common-law partners similarly to married couples in terms of taxes. Once you meet the requirements for common law, you must report your relationship status to the CRA. This may impact benefits like the Canada Child Benefit (CCB) and GST/HST credits.

5. Differences Between Common Law and Marriage in Ontario

• Property Division: Married couples in Ontario are subject to an equal division of property under the Family Law Act upon divorce. Common-law couples do not have this right, meaning they must prove contributions to claim a share of the other partner’s property.
• Inheritance Rights: Married spouses are automatically entitled to inherit a portion of their partner’s estate if they die without a will. Common-law partners do not have this automatic right.
• Survivor Benefits: Common-law partners are generally eligible for certain survivor benefits through the Canada Pension Plan (CPP), but some private pension plans may not recognize common-law relationships unless specified.

6. Ending a Common-Law Relationship

There’s no formal process for ending a common-law relationship, unlike divorce for married couples. However, legal arrangements for property, spousal support, and child custody may still be necessary upon separation. Mediation or court proceedings may be required to settle these issues.

7. Why Legal Advice is Important for Common-Law Partners

Given the complexities and distinctions between marriage and common-law relationships in Ontario, it’s often advisable for common-law partners to seek legal advice. This is especially important for property division, estate planning, and support obligations.

Summary: Common-law status in Ontario provides several rights and responsibilities similar to marriage, especially regarding spousal support and parenting. However, it differs significantly in areas like property division and inheritance, which makes proper legal planning essential for common-law couples.