Can I get spousal support if we were not married?
Yes, if you qualify as a "spouse" under Ontario's Family Law Act. That means you lived together for at least three years, or you lived together in a relationship of some permanence and have a child together. You must then show a reason for support, as married spouses must. Amount and duration are usually worked out with the same guidelines.
Key points
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Unmarried partners can claim spousal support under the Family Law Act, not the Divorce Act.
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You qualify after three years of living together, or sooner if you live together in a lasting relationship and have a child together.
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Qualifying is not enough on its own. You must show you are entitled to support.
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Once entitled, unmarried partners are treated the same way as married spouses on amount and duration.
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The three-year rule is about support only. It gives no property rights.
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Do not wait to ask. Delay can limit what you receive.
Who counts as a spouse for support purposes?
For spousal support purposes, the Family Law Act treats unmarried partners as spouses in two situations:
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Three years together. You lived together continuously for at least three years.
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A child and a lasting relationship. You lived together in a relationship of some permanence, for any length of time, and you are both parents of a child, which refers to parents under s. 4 of the Children's Law Reform Act.
"Living together" means a marriage-like relationship. Courts look at the whole picture, including whether you:
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lived under the same roof and had a sexual relationship;
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shared household tasks and supported each other financially;
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combined your finances;
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acted as a couple socially and were seen as a couple by others; and
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acted as parents to each other's children.
No single factor decides it. Couples who kept separate bank accounts, for example, can still qualify.
The three years usually run from the day you moved in together to the day you separated. Short breaks in the relationship do not necessarily restart the count, but longer ones can.
Qualifying is not the same as being entitled
Meeting the definition only opens the door. Neither marriage nor living common-law gives an automatic right to support. You must show at least one of three reasons:
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Compensatory: the relationship cost you economically, for example because you left work, moved, or cared for children.
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Needs-based: you cannot meet your reasonable needs after the separation, and your former partner can help.
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Contractual: an agreement between you promises support.
A court looks at each partner's needs and means, how long you lived together, and the roles each of you played. It also considers any immigration sponsorship undertaking. It applies the factors in the Family Law Act. Behaviour during the relationship rarely matters. Only extreme misconduct that clearly destroyed the relationship can affect the amount, and never whether support is owed.
How much support, and for how long?
Once entitlement is shown, the amount and duration do not depend on whether you were married. Lawyers and courts usually use the Spousal Support Advisory Guidelines:
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Without children, or with grown children, support is 1.5% to 2% of the difference in your gross incomes for each year you lived together. It lasts half a year to one year for each year together. The percentage tops out at 50% after 25 years, and support can have no end date after 20 years together or under the "rule of 65".
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With children for whom child support is paid, a different formula applies. It leaves the lower-income partner with 40% to 46% of your combined net disposable income, roughly what is left after taxes and child support. The top of its duration range is the longer of the time you lived together or until the youngest child finishes high school.
The guidelines count the whole time you lived together, up to the date you separated.
Example. Hypothetical figures. Jordan earns $90,000 a year and Priya earns $30,000. They lived together for four years and have no children. The income difference is $60,000. Four years at 1.5% to 2% gives 6% to 8% of that difference. The range is $3,600 to $4,800 a year, or $300 to $400 a month, for 2 to 4 years. That assumes Priya first shows she is entitled to support.
The Spousal Support Advisory Guidelines: how amounts and duration are estimated explains both formulas in detail.
Is there a deadline to ask for support?
Ontario sets no fixed deadline for starting a claim for spousal support under the Family Law Act. Waiting still has costs. Support usually starts from when it was asked for, and claims for earlier periods are harder to win. A long delay can also make it harder to show that you need support.
If you think you are entitled, get advice first. Then put your request in writing to your former partner, if it is safe to do so. Any property claim has separate, strict deadlines; see Property rights of common-law partners.
Can a cohabitation agreement rule out support?
A cohabitation agreement can include terms about support, including a waiver. But a court can sometimes override a support waiver. Examples are where the result is unconscionable, or where the partner who gave up support ends up on public assistance. Each partner should get independent legal advice before signing. Cohabitation agreements for unmarried couples covers this in more detail.
How is a claim made?
Most support claims are settled by agreement, in a separation agreement signed with each partner's own legal advice. See Separation agreements in Ontario.
If you cannot agree, you can apply to the Ontario Court of Justice or the Superior Court of Justice. Claims for child support and parenting can be made in the same case. A property claim, such as unjust enrichment, must go to the Superior Court. See Court, mediation or arbitration in Ontario.
Periodic support under a written agreement or court order is generally taxed as it is for married spouses. It is deductible for the payor and taxable for the recipient.
Talk to a family lawyer about spousal support
If you want to get an idea of your spousal support obligations, book a free 15-minute call. The call covers the process, fees and next steps; it is not legal advice on your situation. Spousal support work is billed at $275 an hour plus HST or under a limited-scope retainer, with a written estimate first. We meet clients by phone or video, or in person at our North York office.
Book a free 15-minute call about spousal support · Call 416-858-1320
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Last reviewed: November 2, 2026
This page is general information about Ontario and federal law, not legal advice. Reading it or contacting us does not create a lawyer-client relationship. Laws and court fees change; check the date above.