What is Common-Law Co-habitation?

This article is a brief and general overview about Common-Law Co-habitation. Two people are considered to be common-law partners if they have been continuously living together in a conjugal relationship for at least 3 consecutive years, or for any length of time if they have had a child together by birth or adoption.​​​​​

 

Can I claim Spousal Support if I am in a Common-Law Partnership?​

Yes, you can claim Spousal Support provided that you and your ex were common-law partners for 3 consecutive years (or sooner depending if there is a child). The courts apply the same Spousal Support Advisory Guidelines that married couples use. 

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What happens if we marry later?​

If you and your common-law partner marry one another, then your co-habitation agreement becomes a marriage contract. ​​

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Important FAQs: 

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1. Can we waive spousal support in a co-habitation agreement? ​

Yes, you and your common-law partner can agree to waive spousal support, but a court can reopen the waiver if it is unfair, or if it leaves a dependent partner in serious financial aid. 

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2. We have lived together for two years and have no kids, am I still entitled to Spousal support? 

No, unfortunately you are not entitled to spousal support as you have not yet satisfied the conditions to be able to claim Spousal support. 

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