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What Does Cohabitation Mean When Claiming Spousal Support?

What Does Cohabitation Mean When Claiming Spousal Support?

What Does Cohabitation Mean When Claiming Spousal Support?

If you are unmarried or seeking separation in Ontario, you may qualify for spousal support once you meet the legal definition of a spouse under section 29 of the Family Law Act, R.S.O. 1990, c. F.3. Proving cohabitation alone is not enough, since you must also meet the three-year threshold or have a child together.

In this guide, we explain what cohabitation means and how it affects spousal support claims in Ontario. 

What is Cohabitation? 

Cohabitation refers to living together in a conjugal relationship, whether married or not. In Ontario, cohabitation is recognized under the Family Law Act, which treats common-law relationships similarly to marriages after a certain period.

Key Points About Cohabitation

  1. Duration: Under section 29 of the Family Law Act, cohabiting continuously for at least three years qualifies you as a spouse for support purposes. If you have a child together in a relationship of some permanence, the three-year requirement no longer applies.
  2. Nature of Relationship: Sharing finances, a home, and responsibilities, and presenting yourselves as a couple to society, are indicators of cohabitation.
  3. Different Rules for Different Laws: The Canada Revenue Agency treats you as common-law for tax purposes after just twelve months of living together. For spousal support in Ontario, the threshold is stricter and requires the full three years or a child together.

Cohabitation and Spousal Support

When claiming spousal support, cohabitation can affect eligibility and the amount awarded. Courts in Ontario consider the length and nature of the relationship, as well as the financial interdependence between partners. Because these calculations depend heavily on the specific facts of your relationship, an experienced family lawyer in Etobicoke can help you understand your entitlement and pursue the support you are owed.

How to Establish Spousal Support? 

  1. Prove Cohabitation: Gather evidence showing that you lived together in a conjugal relationship. It includes shared leases, bills, or testimony from friends and family.
  2. Demonstrate Financial Need: Show that you relied on your partner financially or contributed significantly to the household.
  3. Consult a Lawyer: A lawyer can help you navigate the legal process and gather necessary documentation.

Challenges in Proving Cohabitation

  • Insufficient Evidence: Lack of documentation or witness testimony can hinder your claim.
  • Disputed Relationship: If the other party disputes the cohabitation claim, legal proceedings can become complicated.
signing an agreement next to judge's gavel

Sign a Cohabitation agreement 

A cohabitation agreement is a formalized agreement between two unmarried spouses on matters not covered by law. It should be completed with or by a lawyer as you need their guidance and support to prevent inequality in the event of a separation. 

Cohabitation agreements commonly cover: 

  • Household expense payments
  • Processes if you separate
  • Division of property and debts brought into the relationship
  • Repayments of shared debts after separation
  • Support payment amounts, if any, to be paid after separation either due to a change in equality or status in the relationship

A cohabitation agreement can change as your relationship changes. It is best practice to review your agreement once a year to ensure it covers your current situation.  

  • Fair Support: Recognizes financial and non-financial contributions, ensuring fair support distribution.
  • Legal Protection: Provides legal standing for common-law partners, similar to married couples, which they won’t receive without an agreement. 

Do Common-Law Partners Share Property in Ontario?


A spousal support claim does not give you any automatic right to your partner’s property. Common-law partners in Ontario keep whatever is registered in their own name, and neither partner has an automatic claim to the other’s assets or home.

A partner who contributed to property they do not legally own can still bring a claim through the courts. These claims rely on the principles of constructive trust and unjust enrichment established in Kerr v. Baranow, 2011 SCC 10, and proving one requires clear evidence and experienced legal representation.

Legal Resources and Support

Navigating cohabitation and spousal support laws can be challenging. Consulting a divorce lawyer can provide clarity and ensure your rights are protected.

Resources for Assistance

Whether you’re seeking support or defending against a claim, an experienced spousal support lawyer can guide you through the process. Need help with signing a cohabitation agreement in Etobicoke? Noori Law is here for you. Contact us today for a consultation.

Hind went to law school at the University of Alberta. She has an undergraduate degree in Sociology from Dalhousie University and an undergraduate degree in Biology from Brock University.