Common Law Separation in Ontario: What Happens When You Split

There Is No ‘Common Law Divorce’

Unlike married couples, common law partners do not need to obtain a formal divorce. The relationship ends when the parties separate. There is no court process required simply to end the relationship itself. However, court proceedings may be necessary to resolve property, support, and parenting disputes.

Property Claims After Common Law Separation

As there is no equalization right for common law partners, each person generally retains the property in their own name. However, if one partner made contributions to the other partner’s property, they may have claims based on unjust enrichment or constructive trust. These claims must typically be brought within two years of the date of separation.

Spousal Support After Common Law Separation

Common law partners who qualify as ‘spouses’ under the Family Law Act may claim spousal support. The claim must be made within two years of the date of separation. Support entitlement is based on the same principles as for married spouses: compensatory, non-compensatory, and contractual grounds.

Parenting After Common Law Separation

The rules for parenting time and decision-making responsibility are the same for common law couples as for married couples. Both parents have an obligation to support their children, and courts apply the best interests of the child test regardless of the parents’ marital status.

Limitation Periods Matter

For common law partners, limitation periods can significantly affect legal rights. Property claims based on unjust enrichment must generally be commenced within two years of the date of separation. Spousal support claims must also be commenced within two years. Missing these deadlines can result in losing your entitlement entirely.

Steps to Take After a Common Law Separation

• Document contributions you made to the other partner’s property.
• Gather evidence of joint financial arrangements and agreements.
• Seek legal advice early — limitation periods apply.
• Review and update wills, beneficiary designations, and powers of attorney.
• Consider whether a cohabitation agreement would have helped — and whether one should be entered into for future relationships.