Do common law spouses need to obtain a divorce?

The exact way in which a common law relationship is defined depends on the context and circumstances surrounding the legal right being referred to. The working definition of a common law relationship, as well as the exact legal definition also varies within the boundaries of each province within Canada. Therefore, it is important to note that while one may be considered to be a part of a common law relationship under one specific statute in Ontario, it is possible that they will not be attributed the status of common law relationships in other circumstances, involving a different statute.

It is important to note that common law couples' rights in Ontario are not the same as the rights attributed to people who are legally married in Ontario. For example, common law spouses in Ontario are not entitled to an equalization of net family property. Nevertheless, trust law may be applicable to circumstances involving common law spouses. Moreover, common law couples maintain rights of spousal support.

Accordingly, while divorces are only required for people who are legally married to one another, it is important that upon the dissolution of the relationship, common law spouses come to a settlement of the relevant issues and execute a Separation Agreement reflecting that settlement.

For more information on the process of separation for common law spouses and the family law services we provide, contact Krol & Krol at 905.707.3370.