Divorce In Ontario

Married Spouses in Ontario: Separation and Divorce

Key Takeaways

  • Married spouses have legal rights and obligations that are different from common-law partners in Ontario.
  • Marriage affects divorce, property division, and matrimonial home rights.
  • Issues like child support, spousal support, and parenting arrangements can still apply after separation.
  • A well-prepared separation agreement can reduce conflict and save time.

Married Spouses in Ontario

 

What Does “Married Spouses” Mean in Ontario?

In Ontario, the term “married spouses” refers to two people who are legally married to each other under Canadian law. This means their marriage is formally recognized, whether it took place in Ontario, elsewhere in Canada, or in another country (as long as it is legally valid).

Married spouses vs. engaged couples (Ontario)

An engaged couple is planning to get married, but engagement does not create the legal rights of marriage.

Even if a couple has been together for years, shares expenses, or has children, the engagement itself does not automatically give them the same legal protections or obligations as married spouses.

In other words:

  • Engagement is a commitment
  • Marriage is a legal contract with legal consequences

If an engaged couple separates, they usually won’t follow the same legal process as a married couple ending a marriage, and the legal rules around property division may be very different.

Married spouses vs. common-law partners (Ontario)

This is one of the most important distinctions in Ontario family law.

A common-law partner is someone you live within a marriage-like relationship, but without a legal marriage ceremony. Many people assume that living together long enough automatically makes them “common-law married,” but Ontario law does not treat common-law relationships the same as marriage, especially for property division.

Key differences include:

Married spouses (legally married):

  • Can apply for a divorce
  • Have access to equalization of net family property under Ontario’s Family Law Act (in many cases)
  • Have automatic legal rules about the matrimonial home, which can create strong rights even if only one spouse owns it

Common-law partners (not legally married):

  • Do not get divorced (because there is no marriage to legally end)
  • Do not have automatic equalization rights the way married spouses do
  • Often must rely on other claims (like unjust enrichment) for property disputes, which can be more complex and uncertain

Why legal marriage status matters in Ontario family law disputes

When a couple separates, emotions are already high. Legal confusion makes things worse.

Your status as married spouses can directly impact:

1) Whether you need a divorce to “end it” legally
Separation means you are living apart, but you are still legally married until you get a divorce.

2) Property rights and division rules
Ontario has specific legal rules for married spouses regarding division of property through the equalization process, which can affect savings, pensions, debts, and the value of assets gained during the marriage.

3) The matrimonial home
For married spouses, the matrimonial home has special protections. Even if only one spouse’s name is on title, the other spouse may still have legal rights related to possession and value.

4) Spousal support rights and responsibilities
While spousal support can apply in both married and common-law relationships, being legally married can still shape the negotiation and legal arguments, especially when combined with length of marriage, financial dependence, and other factors.

5) Court procedures and legal documents
Married couples may need separation agreements, divorce applications, and formal family court steps that don’t always apply the same way for non-married partners.

Married Spouses vs Common-Law Couples (Key Differences)

Divorce applies only to legally married spouses

If you are legally married, the only way to officially end the marriage is to get a divorce.

That means:

  • You can separate today, but you remain legally married until a divorce is granted
  • You may still have legal obligations as spouses even while separated
  • You cannot remarry unless you are legally divorced

If you are common-law, there is no divorce process because there is no legal marriage to dissolve. Instead, the relationship ends when you separate (even though legal issues like parenting or support may still continue).

Simple way to remember it:

  • Married spouses → separation + divorce
  • Common-law couples → separation only (no divorce)

Property division rules are different in Ontario

This is where the difference becomes financially serious.

Married spouses (Ontario)

Married spouses can usually claim a legal right to equalization of net family property, meaning:

  • The increase in value of each spouse’s property during the marriage is calculated
  • The spouse with the higher increase may owe an equalization payment

This is a structured legal process under Ontario’s Family Law Act, and it often creates a clear starting point for negotiations.

Common-law couples (Ontario)

Common-law partners do not automatically share property or get equalization rights.

This means:

  • Each person generally keeps whatever is in their own name
  • If there is a dispute, a partner may need to pursue claims like:
    • unjust enrichment
    • constructive trust
    • reimbursement for contributions to the other person’s property

These claims can be more difficult, more expensive to argue, and less predictable than equalization.

In practical terms:
A common-law partner may have lived in the same home and contributed financially for years, but still might not automatically be entitled to half the value in Ontario.

Matrimonial home protections apply to married spouses

Ontario law gives special treatment to the matrimonial home, which is often the most valuable asset and the most emotionally contested.

If you are married:

A home can qualify as the matrimonial home if it was the family’s primary residence at separation.

What makes this important is that married spouses may have extra protections, such as:

  • Both spouses having a right to possess the home, even if only one spouse owns it
  • Restrictions on selling or mortgaging the home without the other spouse’s consent in many situations
  • The matrimonial home being treated differently during property division

If you are common-law:

The matrimonial home rules do not apply in the same way.

Typically:

  • The partner whose name is on title often has the stronger property rights
  • The non-owner partner may have to prove entitlement through court claims, rather than relying on automatic protections

Bottom line:
The matrimonial home is a major legal advantage for married spouses in Ontario that common-law partners usually don’t have.

Common-law couples may still have support and parenting rights

Even though property rules are different, common-law partners are not without legal rights in Ontario especially when children are involved.

Spousal support (common-law)

Common-law partners may still qualify for spousal support, depending on factors such as:

  • length of the relationship
  • financial dependence
  • whether one partner supported the other’s career or earning ability
  • childcare responsibilities

Spousal support is not “automatic” just because you lived together but it is possible and often negotiated in many separations.

Parenting rights (married and common-law)

Parenting rights do not depend on being married.

Both married and common-law parents can seek orders or agreements about:

  • parenting time (visitation)
  • decision-making responsibility
  • child support
  • communication schedules
  • holidays and travel

When children are involved, Ontario law focuses on what supports the child’s wellbeing not the parents’ marital status.

Quick example comparison (married vs common-law outcomes)

Here’s a simple example to show how outcomes can differ.

Scenario:
A couple lived together for 10 years. They separated in Ontario. They have one child. One partner bought the home in their own name. The other partner contributed monthly to household expenses.

Outcome if they are legally married:

  • They must get a divorce to end the marriage
  • The spouse who does not own the home may still have matrimonial home possession rights
  • They can claim equalization of property growth during the marriage
  • They may be entitled to spousal support, depending on circumstances
  • Parenting rights and child support still apply

✅ Result: stronger automatic legal protections for property and the home

Outcome if they are common-law:

  • No divorce (relationship ends through separation only)
  • The partner who is not on title may not automatically have rights to the home
  • No equalization of net family property
  • They may still claim spousal support (depending on facts)
  • Parenting rights and child support still apply

FAQs

Can married spouses be separated but still live in the same house?

Yes. In Ontario, married spouses can be separated even while living in the same home, as long as there is a clear intention to separate and the relationship has changed in a meaningful way.

Do married spouses have to go to court to get divorced in Ontario?

Not always. Many divorces in Ontario are uncontested, meaning neither spouse disputes the divorce itself.

What is the difference between separation and divorce in Ontario?

A simple way to understand it is:

  • Separation = relationship status
  • Divorce = legal status

You can be separated for a long time, but you are not legally divorced until the court grants a divorce.

Do married spouses automatically split everything 50/50?

No. Ontario does not automatically divide every asset “down the middle” item by item.