Family Law

Common Law Marriage in Ontario: What It Means, What It Doesn’t, and What You Really Need to Know

Let’s get this out of the way: there’s no such thing as a “common law marriage” in Ontario. Not legally, anyway. But before you roll your eyes or start spiraling through Google again, here’s the deal — what people call common law marriage does exist in practice, it’s just not the same thing as being legally married. And that distinction? It matters. It matters in courtrooms, it matters during separations, and it really, really matters when someone dies.

So if you’re living with someone, sharing bills, maybe raising kids, or just wondering if your “partner” legally counts as a “spouse,” you’re in the right place. This isn’t just about law. It’s about life, money, and protecting what matters.

What Is a Common Law Relationship in Ontario?

In simple terms, a common law relationship in Ontario refers to two people who live together in a marriage-like relationship without being formally married. You don’t need a ring. You don’t need a wedding. You don’t need matching bathrobes and a dog named Baxter (though hey, that helps the vibe). But legally? The government has a definition — and you better believe it’s not just about vibes.

Here’s what matters:

• You’ve lived together continuously for at least three years in a conjugal relationship; OR
• You’ve lived together for less than three years but have a child together by birth or adoption.

That’s it. That’s the basic threshold for provincial common law status in Ontario — and once you hit it, things start getting real.

Is Common Law the Same as Being Married?

Nope. And that’s where most people get tripped up. Being in a common law relationship doesn’t give you the same rights as being legally married — especially when it comes to property division if things fall apart.

Here’s the kicker:

• Married couples automatically have rights under the Family Law Act, which means everything acquired during the marriage is generally divided equally (with some exceptions).
• Common law couples? Not so much. Property stays with whoever’s name is on the title — unless you can prove something like unjust enrichment or a constructive trust in court.

Translation: If your name’s not on the house, and you separate after ten years? You might walk away with nothing, even if you paid half the mortgage every month. Unfair? Maybe. But it’s the law. And that’s why getting informed early is so important.

What Legal Rights Do Common Law Partners Have in Ontario?

Glad you asked. You’re not entirely out of luck — common law partners in Ontario do have legal rights, but they’re just more limited (and honestly, murkier).

Here’s what you do get:

• Spousal support: If you’ve lived together for 3+ years, or have a child together, you can apply for support — just like a married spouse.
• Child custody and access: Whether you’re married or not, kids come first. The same parenting rules apply.
• Child support: Again, doesn’t matter if you’re married. If you’re a parent, you’re responsible.

What you don’t automatically get:

• Property division
• Rights to the matrimonial home
• Survivor benefits from a pension (in some cases)

It’s a strange mix, right? Emotionally, you’re living like a married couple. Legally? It’s kind of like you’re roommates with parental responsibilities.

What Happens If You Break Up?

This is where things get sticky — because the law treats common law breakups differently from divorces. There’s no legal requirement to divorce from a common law relationship, because technically, you were never legally married. But that doesn’t mean you can just ghost and be done.

You still have to sort out:

• Parenting time and decision-making responsibilities (formerly called custody/access)
• Child support
• Possibly spousal support

But here’s where it gets dicey: property is not divided by default. So if your ex owns the house and you don’t — even if you helped renovate the kitchen, mow the lawn, or pay for the furnace — you may have no legal right to that property unless you can prove financial contribution in court. Honestly? This is where a lot of people get blindsided.

What Happens If Your Common Law Partner Dies?

Here’s something not enough people talk about: what happens if your partner dies and you weren’t legally married? If you’re common law and your partner didn’t leave a will naming you, guess what? You’re not automatically entitled to anything under Ontario’s succession laws.

Married spouses have a statutory right to inherit part of the estate, even without a will. Common law partners? Nope. If you’re not in the will, you may need to go to court just to claim what you think you deserve. And don’t even get me started on pensions, life insurance policies, or RRSPs without proper beneficiary designations.

So yeah, morbid as it sounds, if you’re in a long-term common law relationship, you really need to talk about estate planning.

Do You Need a Cohabitation Agreement?

Honestly… probably. If you’re living with someone and not married, a cohabitation agreement is the closest thing you have to legal peace of mind.

Think of it like a prenup, but for common law couples. It can outline:

• Who owns what
• How you’ll divide assets if you split
• Whether spousal support will be paid (or not)

It’s not just for the ultra-rich or overly cautious — it’s for anyone who wants to avoid nasty surprises if things don’t work out. And hey, it’s way cheaper than hiring lawyers to fight about property after the fact.

Are There Government Benefits or Tax Implications?

Absolutely. The CRA recognizes common law partners for tax purposes, which means:

• You can file your taxes as a couple
• Eligibility for certain benefits (like GST/HST credits or the Canada Child Benefit) changes
• You’re also responsible for reporting any support payments between common law partners

One important detail? The one-year rule. For tax purposes, you’re considered common law after 12 continuous months of living together — not three years. So yes, different rules for different systems. Because bureaucracy.

What About Immigration?

If you’re sponsoring a partner or being sponsored to live in Canada, common law status matters a lot. To sponsor a common law partner, you’ll need to prove:

• One year of continuous cohabitation
• Shared finances, responsibilities, or other evidence of a conjugal relationship

Immigration, Refugees and Citizenship Canada (IRCC) takes this seriously — so living together isn’t enough. You need paperwork, photos, joint accounts, leases… the whole nine yards.

What If You’re Not Sure If You’re Common Law Yet?

This is more common than you’d think. Maybe you’ve been together for a while, but you’re not sure when the clock “officially” started ticking. Was it when you moved in? When you opened a joint account? When your toothbrush mysteriously stayed the night… forever?

The truth is, courts look at a whole bunch of factors, not just the calendar:

• Did you present yourselves as a couple publicly?
• Did you share finances or parenting?
• Did you support each other emotionally or financially?

It’s less about a technical checklist and more about the nature of the relationship. Still, if you’re unsure — talk to a lawyer. Seriously. Even a quick consultation can save you headaches down the road.

Should You Worry About Being Common Law?

Let’s reframe the question. You shouldn’t worry — but you should be aware.

Too many people in Ontario assume that living together equals being married in the eyes of the law. And while that’s true for taxes and spousal support… it’s not true for property, wills, or pensions.

So no, don’t panic. Just plan.

Talk to your partner. Consider a cohabitation agreement. Make a will. Learn your rights before things go sideways. Because when relationships end — whether by choice or by tragedy — you don’t want to be left out in the cold just because you didn’t have the right paperwork.

Final Thoughts: Love Is Easy, Legal Is Not

Living with someone, building a life together, maybe raising kids — that’s no small thing. And the law in Ontario is finally starting to reflect that reality. But it’s not perfect. And it’s definitely not always fair.

So if you’re in a common law relationship — or you think you might be — don’t wait until the breakup, the death, or the dispute to figure it out.

Do the boring stuff now. Get informed. Get a cohabitation agreement. Maybe talk to a family lawyer (just once). It might feel overly cautious, but one day? You’ll be glad you did.

Helpful Links:
Family court website
Government website
Child support agreements
Parenting arrangements
Spousal support
Dividing property

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Let’s be honest—nobody really expects to deal with something like the Family Responsibility Office when they first separate. Most people picture courtrooms, custody battles, and maybe a lot of late-night Googling. But then… boom. You’re handed a court order, your lawyer mentions “FRO,” and suddenly you’re knee-deep in government forms you’ve never heard of.

If you’re in the Greater Toronto Area and going through a divorce or separation, understanding the Family Responsibility Office (or FRO, for short) isn’t just helpful—it’s essential. Whether you’re paying support or receiving it, this office can either be your biggest headache… or your secret weapon for peace of mind.

Let us walk you through everything you actually need to know—minus the legal jargon and government double-speak.

So, What Exactly Is the Family Responsibility Office (FRO)?

Here’s the deal: the Family Responsibility Office is a government agency in Ontario that collects, distributes, and enforces child and spousal support payments. It operates under the Ministry of Children, Community and Social Services, and its entire purpose is to make sure court-ordered support is actually paid—and paid on time.

Think of it as a financial traffic cop. Or maybe a support-payment babysitter. Either way, it acts as a neutral third party between the person who pays support and the one who receives it.

And no, it’s not optional in most cases. We’ll get to that.

Wait—Do I Have to Use the FRO?

Short answer? Usually, yes.

If you’ve got a court order for child or spousal support, or a separation agreement that’s been filed with the court, then FRO automatically steps in. Once it’s filed, the FRO gets a copy and takes over the logistics of collecting and distributing the support payments.

But here’s something most people don’t realize: you can opt out, if both parties agree. This is called a “withdrawal” or “opt-out agreement,” and you’ll have to fill out forms to do it.

That said, opting out can be risky. Why?

• If you’re the recipient, you might find yourself chasing payments.
• If you’re the payor, things could get messy if there’s a dispute or delay.

So while skipping FRO might seem simpler at first, in reality, letting them handle it can save a ton of stress and paperwork in the long run.

How FRO Gets Involved in Your Divorce or Separation

Okay, so let’s say you’ve gone through the legal process—court order, separation agreement, the works. What now?

FRO gets notified as soon as your support order is issued and filed with the court. Once that happens, both you and your ex will receive a welcome letter (okay, it’s more like a formal notice) with a bunch of instructions, registration forms, and payment details.

If you’re the recipient, you’ll need to register so they can send you payments—usually by direct deposit.

If you’re the payor, you’ll get details on how and when to pay (often through wage garnishment or direct withdrawal).

Need help sorting that out? It’s a lot—we get it. You can always book a free consultation with a family lawyer who can help walk you through the steps.

The Nitty-Gritty: What FRO Actually Does

So what does FRO actually do, day to day?

Here’s the rundown:

• Collects payments: From the payor—either directly or through garnishment.
• Distributes payments: To the recipient—usually by direct deposit.
• Keeps track: Of how much has been paid, when it was paid, and what’s still owing.
• Enforces orders: If someone falls behind, FRO steps in with enforcement tools (we’ll get to those in a second).

Missed Payments? Here’s Where It Gets Real

Let’s not sugarcoat it: missing support payments through FRO can lead to some serious consequences.

If you fall behind, FRO has the legal power to enforce the order using methods like:

• Wage garnishment
• Bank account seizure
• Interception of tax refunds
• Driver’s license suspension
• Passport denial
• Reporting to credit bureaus

Yup, it’s intense. And once enforcement begins, it’s hard to undo—especially if you’ve been ignoring their notices.

That’s why, if you’re falling behind, it’s better to be proactive. You can set up a voluntary payment plan to start chipping away at arrears without triggering full enforcement. If that’s your situation, a quick consultation with a divorce lawyer might save you a world of trouble.

Changing the Support Terms: Can You Just Tell FRO?

This is a super common myth: people think that if both parties agree to change the amount of support, they can just notify FRO and that’s that.

Unfortunately… not true.

FRO only enforces what the court order says. If you want to change the amount, you’ll need to go back to court and get the order changed formally. Once you have that updated court order, then FRO will update their files.

Yes, it takes time. Yes, it’s annoying. But skipping the proper steps just creates more confusion—and FRO won’t budge without the right documents.

Need to change your support order? Take a look at our transparent pricing page to see what it might cost, or contact us to ask some quick questions.

What If I’m the Payor and I’m Struggling?

Life happens. Job loss, illness, unexpected expenses—sometimes you just can’t pay what the court originally ordered.

The worst thing you can do? Ignore it.

Instead:

• Call FRO and ask about a Voluntary Arrears Payment Schedule
• Talk to a family lawyer about filing a motion to change the support order
• Start making partial payments—even $100 shows good faith

What If I’m the Recipient and I’m Not Getting Paid?

If payments stop, here’s what you can do:

1. Contact FRO directly through their call centre or online tools
2. Submit proof of missed payments if needed
3. Follow up regularly—yes, it can take time, but enforcement does work

Just know that FRO can’t make someone pay if they genuinely have no income or assets. But in most cases, they can and do recover money eventually.

FRO and Parenting: They’re Not the Same Thing

Let’s clear up a huge misunderstanding: FRO only deals with financial support.

They have nothing to do with:

• Parenting time or access
• Visitation schedules
• Custody arrangements

So if the payor says, “I haven’t seen my kid in months, I’m not paying”—that doesn’t fly. Child support isn’t a reward for good parenting. It’s a legal obligation.

Same goes the other way around: just because someone isn’t paying support doesn’t mean you can legally withhold access. They’re two totally separate issues in the eyes of the court.

Common Mistakes People Make with FRO (And How to Avoid Them)

• Not registering properly — If you don’t fill out the forms or update your banking info, payments can’t go through.
• Forgetting to update your contact info — Moved? New job? New phone number? Tell FRO.
• Ignoring notices — Open their letters. Read them. Respond.

Also, if you’ve got a new partner or you’re thinking about changing your separation agreement, always speak with a lawyer first. You don’t want to accidentally mess up your support order without realizing it.

How to Contact FRO (Without Losing Your Mind)

Let’s be real: FRO isn’t exactly known for lightning-fast service.

But here are some ways to improve your odds:

• Use their online portal whenever possible (it’s glitchy, but improving)
• Keep your case number handy—you’ll need it for everything
• Fax still works for urgent requests (yes, in 2025… fax.)
• Be persistent but polite—they’re overworked, but they do respond

You can also reach out to us directly if you’re stuck. Sometimes a lawyer can push things along where an individual can’t.

Closing Thoughts: It’s Not Just About Paperwork — It’s About Peace of Mind

Divorce is already hard. Emotions run high. Life feels chaotic. The Family Responsibility Office isn’t perfect—but it does help make sure that financial commitments are followed through. And when you’ve got kids or dependents involved, that stability matters.

Whether you’re paying or receiving support, getting it right with FRO can help everyone move forward.

Need help figuring it out? Schedule a free consultation. No pressure, no commitment—just clear advice on what to expect and what you can do next.