What You Need to Know When a Common Law Relationship Ends
Although common-law couples are not legally married under Canadian law, many of their rights and responsibilities are similar when the relationship ends, especially when it comes to support for children and spouses.
Spousal Support
When it comes to spousal support, married and common-law partners are generally treated the same. The court looks at:
- The length of the relationship
- Financial dependency
- The roles each person played during the relationship
- Each partner’s income and needs after separation
The key legal difference between married and common-law couples arises during property division, not spousal support. For this reason, it is important to speak with a lawyer about your specific circumstances.
Child Support
Children are treated the same under the law, regardless of whether their parents were married or living common-law. The court always starts with the same question:
“What is in the best interests of the child?”
Once the child’s primary residence is determined, support is calculated using the Federal Child Support Guidelines. This grid-based system outlines the support amount based on:
- The payer’s income
- The number of children
- The province or territory where the payer lives
The biological parent is legally obligated to pay child support, regardless of their marital status.
Children from Prior Relationships
If one partner brings children from a previous relationship into a common-law union, and the other partner steps into a parenting role, that partner may be required to pay child support in the event of a separation.
This is known as “in loco parentis”, meaning they acted as a parent in practice, even if not by biology or legal adoption.
The court considers:
- How long the person lived with the child
- Whether they helped raise or discipline the child
- Their presence at school events and medical appointments
- Whether the child referred to them as “Mom” or “Dad”
- Whether they contributed financially to the child’s needs
If these elements are present, the court may assign support obligations similar to those of a biological parent.
What If the Biological Parent Is Still Involved?
Things become more complex when a biological parent is still in the picture.
For example, if a stepfather has taken on a full parental role, but the biological father still exists and pays a small amount of support, the court must assess responsibility between the two.
Here is how it usually works:
- The court starts by assuming the biological parent should pay the full amount under the Child Support Guidelines.
- The court then examines the step-parent’s role and income.
- If the biological parent is paying very little and the step-parent has a much higher income, the step-parent may be ordered to pay a larger share of support.
However, the step-parent’s obligation is often reduced, depending on the biological parent’s contribution.
Same-Sex and Heterosexual Couples Are Treated Equally
All of the same principles apply regardless of gender. Whether the couple is same-sex or opposite-sex, married or common law, the law looks at parenting roles, financial dependency, and shared assets, not gender or sexual orientation.
How We Can Help
Support cases involving common-law couples can be complex, especially when children from previous relationships are involved. Our lawyers are experienced in:
- Evaluating parenting roles and financial responsibilities
- Determining support obligations under the law
- Negotiating private agreements using the Collaborative Process
This approach helps couples reach respectful, child-focused solutions without going to court.