Last reviewed: October 21, 2026 by Ken S. Maynard, AP.fm, CDFA

A common-law separation in Ontario happens the day you and your partner start living separate lives with no plan to get back together. There’s no court filing and no divorce. What you do need to settle is the same list a married couple faces: parenting, child support, spousal support, and who keeps the property and the debts.

The big difference is property. Married spouses split the growth in their wealth under a set formula. Common-law partners don’t. Each of you generally keeps what’s in your own name, and anything you own together gets divided. A partner who helped build up the other’s assets can still claim a fair share, but they have to prove it. That’s why the agreement you sign at the end matters so much.

What happens in a common-law separation in Ontario?

Here’s what each common-law spouse is entitled to when the relationship ends. Your common-law rights depend on whether you meet the family law test: a conjugal, marriage-like relationship for three continuous years, or a child together. For how long it takes to become common-law and how it compares with marriage, see our guide to common-law in Ontario.

Issue	What the law says for common-law partners
Property in one name	Stays with that partner, unless the other proves an unjust enrichment claim
Property in both names	Shared, usually equally, unless you agree otherwise
The family home	No matrimonial home rights; title decides who can stay
Debts	You each keep your own debts; joint debts stay joint
Spousal support	Possible after 3 years together, or with a child in a relationship of some permanence
Child support and parenting	Same as married parents
CPP credits	Can be split if you lived together at least 12 months

The support rules come from the Family Law Act. Its property rules, including net family property and equalization, apply only to legally married couples. That’s the gap most common-law couples don’t learn about until they separate.

Step by step: separating from a common-law partner

1. Agree on your separation date. Write it down. It sets the clock for support, CPP credit splitting and any property claim.
2. Sort out the next few weeks. Decide who lives where, the children’s schedule, who pays which bills, and what happens to joint bank accounts and credit cards.
3. Gather financial disclosure. Each of you collects tax returns, pay stubs, account statements, debts, and proof of what you put into property in the other’s name.
4. Work out child support. It’s set by Ontario’s Child Support Guidelines, which use the same tables as the Federal Child Support Guidelines. Our child support calculator gives you the figure.
5. Decide whether spousal support applies. First check that you meet the family law test, then look at need, the roles you each played, and the guideline range.
6. Divide property and debts. Start with title, then deal with joint property and any contribution claims.
7. Put it in a written agreement. Each of you gets independent legal advice, then you both sign in front of a witness.

Don’t wait: time limits after a common-law separation

Some claims have deadlines, and they’re not the ones married couples have.

• Spousal support: no limitation period. Ontario’s Limitations Act says a support claim under the Family Law Act has none. Delay still hurts, though, because support usually isn’t backdated far.
• Property claims: Ontario courts generally apply the two-year limitation period to unjust enrichment claims for money. In McConnell v. Huxtable, the Court of Appeal held that a claim to an interest in land, such as a share of a house, has ten years. Get advice early, because the start date can be argued.
• Canada Pension Plan credits: to split them, you must have lived together at least 12 consecutive months and lived apart for 12, and you apply within 48 months of separating, unless your former partner agrees in writing to waive that limit. See Splitting Canada Pension Plan credits.

Property and debts when a common-law relationship ends

Property division for common-law couples starts with title. Whatever is registered or held in your name stays yours, including a house, a car, investments, RRSPs and pensions. Whatever you own together, such as a jointly owned home or a joint account, is shared. If you can’t agree on what to do with jointly owned property, either of you can ask a court to order it sold. The Ontario government’s page on dividing property when a common-law relationship ends sets out the same starting point.

Debts follow the same idea. A loan or credit card in your name is your debt. A joint line of credit or joint mortgage stays joint, and the lender can collect from either of you, whatever your agreement says.

When one partner can claim a share: unjust enrichment

A partner who contributed to property held in the other’s name can ask a court for a share through an unjust enrichment claim. That means the other partner gained, the contributing partner lost out, and there’s no good reason for it. Contributions can be money, such as mortgage payments or renovations, or unpaid labour, such as running the home and raising the children so the other partner could build a career.

In Kerr v. Baranow, the Supreme Court of Canada said that when common-law partners worked together as a joint family venture, the fair result can be a share of the wealth built during the relationship. A court usually orders a payment. In some cases it declares a constructive trust, which gives the contributing partner a share of the property itself. These claims turn on the facts, take time to prove and cost a lot to argue in court. Most couples are better off putting numbers to them and settling.

Who gets the house?

There’s no matrimonial home right for common-law partners. If the house is in one partner’s name, the other has no automatic right to stay or to half the house. If it’s in both names, you’ll need to decide whether one of you buys the other out or you sell. Our guide to who gets the house in a common-law separation walks through each option.

Spousal support and child support

A common-law partner can claim spousal support once you’ve lived together for three continuous years, or you have a child together and your relationship has some permanence. If you qualify, support is decided the same way as for married spouses: first entitlement, then amount and length, usually using the Spousal Support Advisory Guidelines. See calculating spousal support in Ontario.

For children, it makes no difference that you weren’t married. Every parent must support their child under section 31 of the Family Law Act. Parenting time and decision-making responsibility, which used to be called child custody and access, are decided by what’s in the children’s best interests, under Ontario’s Children’s Law Reform Act.

Your common-law separation agreement

A separation agreement is the written contract that records how you’ve settled everything. If you signed a cohabitation agreement when you moved in, start there: it may already decide some issues, and your separation agreement should say how it applies. For common-law couples, it’s often more important than for married ones, because so little is decided for you by law. Under section 55(1) of the Family Law Act, a domestic contract has to be in writing, signed by both of you and witnessed.

A complete common-law separation agreement covers:

• Your separation date
• Parenting arrangements: decision-making responsibility and parenting time
• Child support, including special expenses such as daycare and activities
• Spousal support, or a clear release of it
• Who keeps the house, the vehicles, accounts, investments and pensions
• Who pays which debts, and how joint debts get refinanced or closed
• A release of property claims, including unjust enrichment
• Life insurance to secure support, and changes to beneficiary designations

Two things make an agreement hold up: full financial disclosure, and each partner getting independent legal advice from their own lawyer before signing. Once signed, the support terms can be filed with the court and enforced like a court order under section 35 of the Family Law Act. For more, see our guide to separation agreements in Ontario.

Do you need a common-law separation lawyer?

Each common-law spouse needs their own family law lawyer for independent legal advice before signing the separation agreement. You don’t necessarily need two lawyers negotiating every term. Many common-law couples work out their agreement in mediation, with a neutral mediator helping them reach terms that work for both, and then each takes the draft to their own lawyer for review.

Court makes sense when there are safety concerns, when one partner hides income or refuses disclosure, or when talks have truly broken down. Otherwise, settling outside court is faster, cheaper and easier on the children.

Common-law separations often need more financial work than married ones, not less. Without a formula, the question becomes what each of you actually contributed and what that’s worth. As a Certified Divorce Financial Analyst, that’s the part I help couples put numbers to.

Is there such a thing as a common-law divorce?

No. Divorce is only for married couples, under the federal Divorce Act. A common-law relationship ends when you separate. If you were married to someone else and never divorced, that marriage still needs a divorce, even if you’ve since lived common-law with a new partner.

Common-law separation in Ontario: questions

Do you need a divorce to end a common-law relationship in Ontario?

No, a common-law relationship ends when you separate, with no court filing needed

You still need to settle parenting, support, property and debts. Most couples do that in a written separation agreement, with each partner getting independent legal advice before signing.

What is a common-law partner entitled to after separation in Ontario?

Child support, spousal support if you qualify, a share of jointly owned property, and possibly a share of the other’s property through a claim

Spousal support needs three years together, or a child together in a relationship of some permanence. There’s no automatic split of property in the other partner’s name. A partner who contributed to it has to prove an unjust enrichment claim.

Do common-law partners split everything 50/50 in Ontario?

No, only jointly owned property is shared; property in one name stays with that partner unless a claim is proven

The equal-sharing rules in the Family Law Act apply only to married spouses. Common-law partners start from title, and contributions are dealt with through unjust enrichment claims or by agreement.

Can my common-law partner kick me out of the house?

If the house is only in their name, you have no matrimonial home right to stay, but they can’t remove you by force

If you’re both on title or both on the lease, neither of you can lock the other out. If the home is only in your partner’s name, get legal advice before you move, especially if children live there or you have a claim for your contributions to the home. If you feel unsafe, call 911.

Is a common-law separation agreement legally binding?

Yes, if it’s in writing, signed by both partners and witnessed

A court can still set aside an agreement if one partner hid assets or income, didn’t understand it, or was pressured. Full disclosure and independent legal advice for each partner make it much harder to challenge.

How long after a common-law separation can I claim spousal support?

There’s no limitation period for spousal support under Ontario’s Family Law Act

Waiting still has costs. Support isn’t usually backdated far, and it gets harder to show entitlement as time passes. Property claims do have time limits, so get advice early.

Who pays the debts after a common-law separation?

You each keep debts in your own name, and joint debts stay the responsibility of both of you

Your agreement can say who pays a joint debt, but the lender can still collect from either of you. Paying off or refinancing joint debts as part of the settlement protects you both.

Can common-law partners separate and still live in the same house?

Yes, you can be separated under one roof if you’re living separate lives

Courts look at things like separate bedrooms, separate finances, no shared meals or social life as a couple, and what you’ve told friends and family. Write down your separation date and keep notes.