Divorce Law Lawyer

Can a Divorce Lawyer Help You Leave a Polyamorous Marriage?

Is Polyamory Legally Recognised in Ontario?

Legal Definition of Marriage Under Canadian and Ontario Law

In Canada, marriage is governed federally by the Civil Marriage Act and, for divorce, by the Divorce Act. Both laws define marriage as a legal union between two people. Ontario family law, including the Family Law Act, is built on this same foundation.

From a legal perspective:

  • A marriage can only exist between two spouses
  • Only those two spouses acquire automatic rights and obligations related to property division, spousal support, and divorce
  • Courts do not assess or validate alternative relationship structures when determining marital status

Even if a married couple mutually agrees to a polyamorous arrangement, the law continues to recognise only the original legal marriage.

Recognition of Only Two Spouses in a Legal Marriage

Ontario law strictly limits marriage to two spouses at any given time. This means:

  • A person cannot be legally married to more than one spouse simultaneously
  • Any attempt to formalise multiple marriages would be invalid and potentially unlawful
  • Only one spouse can claim rights under marriage-related statutes

How Additional Partners Are Treated Under Family Law

Additional partners in a polyamorous relationship are treated as third parties under Ontario family law. In most cases:

  • They have no automatic right to property division
  • They cannot claim spousal support from the married spouses
  • They are not entitled to decision-making authority for children unless they are legal parents or have a court order

Why Polyamory Does Not Invalidate a Legal Marriage

Engaging in a polyamorous relationship does not invalidate a legal marriage in Ontario. A marriage remains legally valid until:

  • A divorce order is granted, or
  • One spouse passes away

Consent between spouses to engage in polyamory does not terminate the marriage, nor does it strip either spouse of their legal rights. Importantly:

  • Polyamory is not considered adultery if it is consensual
  • It does not automatically affect entitlement to property or spousal support
  • Courts do not penalise spouses for consensual non-monogamy

Can You Get Divorced From a Polyamorous Marriage?

Yes — you can absolutely get divorced in Ontario even if your marriage is polyamorous.

Right to Divorce Regardless of Relationship Structure

Under Canadian law, any person who is legally married has the right to seek a divorce, regardless of:

  • Whether the marriage was monogamous or non-monogamous
  • Whether both spouses consented to polyamory
  • Whether additional partners were involved in the household

Grounds for Divorce Under the Divorce Act (Canada)

Divorce in Ontario is governed by the federal Divorce Act. The law recognises only one ground for divorce: marriage breakdown. Marriage breakdown can be established in one of three ways:

  1. One-year separation
    • The most common and least contentious ground
    • Spouses may live separate and apart for at least 12 months
    • Separation can occur even if spouses remain under the same roof
  2. Adultery
    • Requires proof that one spouse had a sexual relationship outside the marriage without the other spouse’s consent
    • In consensual polyamorous marriages, this ground usually does not apply
  3. Cruelty
    • Involves physical or mental cruelty that makes continued cohabitation intolerable
    • Must be supported by evidence and is assessed objectively

Separation without Fault vs Adultery Claims

In polyamorous relationships:

  • Consensual relationships with others generally do not qualify as adultery
  • Attempting to argue adultery where consent existed can undermine credibility
  • Fault-based claims often increase cost, conflict, and delay

Why Courts Focus on the Legal Marriage, Not Relationship Style

Ontario courts are not tasked with judging or categorising personal relationship choices. Instead, they focus on:

  • Whether a valid marriage exists
  • When the spouses separated
  • How property, support, and parenting issues should be resolved under the law

The presence of additional partners does not:

  • Change the definition of “spouse”
  • Expand or reduce statutory rights
  • Create additional parties to the divorce

Role of a Divorce Lawyer in Polyamorous Separations

Explaining Legal Rights and Limitations Clearly

One of the first and most important roles of a divorce lawyer is to clearly explain what the law does — and does not — recognise.

In polyamorous separations, lawyers help clients understand:

  • Who qualifies as a “spouse” under Ontario law
  • Which rights flow from legal marriage versus personal agreements
  • The limits of claims involving additional partners
  • How property, support, and parenting issues are assessed legally

Keeping the Case Focused on the Legally Married Spouses

Ontario courts are concerned only with the two legally married spouses. A divorce lawyer ensures the case remains properly framed by:

  • Limiting pleadings and evidence to relevant legal parties
  • Preventing third parties from being drawn into the divorce unnecessarily
  • Ensuring financial disclosure focuses on the spouses’ legal entitlements

Managing Emotional and Relational Complexity

Polyamorous separations can involve:

  • Overlapping emotional bonds
  • Feelings of loyalty or guilt toward multiple partners
  • Conflicting expectations among those involved

Lawyers often:

  • Provide grounded, reality-based advice
  • Encourage resolution-focused strategies
  • Work alongside mediators or therapists where appropriate
  • Help clients make decisions based on long-term legal and financial stability rather than short-term emotional pressure

How Ontario Courts Treat Additional Partners

No Automatic Legal Rights for Non-Spousal Partners

Under Ontario family law, only legally married spouses and in some cases qualifying common-law partners — have automatic rights to property division, spousal support, and divorce-related remedies.

Additional partners in a polyamorous relationship generally:

  • Are not considered spouses under the Family Law Act
  • Have no entitlement to equalization of net family property
  • Cannot claim spousal support from the married spouses
  • Have no standing in divorce proceedings simply by virtue of the relationship

Property Ownership Issues Involving Third Parties

Property issues can become complicated when additional partners are involved financially or reside in the matrimonial home.

Ontario courts focus on:

  • Legal title to property
  • The identities of the registered owners
  • The relationship between ownership and spousal entitlements

If an additional partner is:

  • On title to a property, or
  • A documented contributor to a purchase or mortgage

When Trust, Contract, or Unjust Enrichment Claims May Arise

While family law offers limited remedies to non-spouses, additional partners may sometimes pursue claims through civil law, including:

  • Constructive or resulting trust claims, where contributions to property can be proven
  • Contractual claims, based on written or verbal agreements
  • Unjust enrichment claims, where one party benefitted unfairly at another’s expense

These claims require:

  • Evidence of contribution
  • Proof of deprivation
  • A clear link between the two