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ARTICLE · 28 FEBRUARY 2019

Rights Of Married Versus Unmarried Spouses

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Common law relationships are increasingly common in Canada; however, many people do not realize the differing obligations and legal rights of married versus unmarried spouses upon separation.

CanadaFamily and Matrimonial
Joanna Harris
Joanna Harris
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Common law relationships are increasingly common in Canada; however, many people do not realize the differing obligations and legal rights of married versus unmarried spouses upon separation.

For example, in Ontario, Alberta and New Brunswick, unmarried spouses have no automatic right to share in their partner's property unless they hold title to property together. This article will examine some of the different rights and obligations of married versus unmarried spouses.

Under Canada’s Constitution, the federal, provincial and territorial governments share responsibility for family law. Divorce is an area of the law governed exclusively by the federal government, whereas property law is governed by each of the provinces. There are some areas of the law where the federal government and the provincial government both have jurisdiction to govern, such as child and spousal support.

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