Are common-law partners entitled to spousal support in Canada?

Yes, in most provinces common-law partners can claim spousal support after living together for 2-3 years (varies by province). BC, Alberta, Ontario, and other provinces recognize common-law support obligations.

How is common-law support calculated?

Common-law support uses the same Spousal Support Advisory Guidelines (SSAG) as married couples. Amount is typically 1.5-2% of income difference per year of relationship.

How long do you have to be common law to get support?

Requirements vary: BC requires 2 years, Ontario requires 3 years (or any length with a child), Alberta requires 3 years. Quebec does not recognize common-law spousal support.

Does Quebec recognize common-law spousal support?

No. Quebec is the only province that does not recognize common-law spousal support obligations. Common-law partners in Quebec (called "de facto spouses") have no automatic right to spousal support, property division, or inheritance regardless of how long they have lived together. A cohabitation agreement is strongly recommended for Quebec common-law couples.

Can a common-law support agreement be changed?

Yes. Support orders can be varied if there is a material change in circumstances — such as job loss, significant income change, new relationship, or the recipient becoming self-sufficient. Either party can apply to the court for a variation. Court-ordered support is enforceable through provincial enforcement programs.

Common-Law Support Calculator Canada 2026 | Estimate Spousal Support

Common-Law Support Calculator

Higher Earner Annual Income

Lower Earner Annual Income

Years of Relationship

Children of Relationship?

Income Difference$60,000

Monthly Support (Low)$375

Monthly Support (Mid)$500

Monthly Support (High)$625

Duration Range2.5 - 5 years

Estimates based on Spousal Support Advisory Guidelines (SSAG). Actual amounts vary based on circumstances. Consult a family lawyer.

Common-Law Requirements by Province

Province	Cohabitation Required	Notes
British Columbia	2 years	Or any length with child
Alberta	3 years	“Adult Interdependent Partner”
Saskatchewan	2 years	Or any length with child
Manitoba	3 years	Or any length with child
Ontario	3 years	Or any length with child
Nova Scotia	2 years	Domestic partner registration
New Brunswick	3 years	Or any length with child
PEI	3 years	Limited recognition
Newfoundland	2 years	—
Quebec	Not recognized	No rights without cohabitation agreement

Important: Quebec does not provide spousal support rights to common-law partners. Consider a cohabitation agreement.

Spousal Support Advisory Guidelines (SSAG)

The SSAG provides formulas for calculating support. There are two formulas:

Without Children Formula

Component	Formula
Amount	1.5% - 2% of income difference × years together
Duration	0.5 - 1 year per year of relationship
Maximum	Equalization of incomes

With Children Formula

Component	Formula
Amount	Higher amounts based on child custody
Duration	Often until youngest child finishes school
Maximum	Varies based on time spent with children

Example Support Calculations

Example 1: 5-Year Relationship, No Children

Factor	Value
Payor income	$100,000
Recipient income	$40,000
Income difference	$60,000
Years together	5
Monthly support (low)	$375
Monthly support (high)	$500
Duration	2.5 - 5 years

Example 2: 10-Year Relationship, With Children

Factor	Value
Payor income	$120,000
Recipient income	$35,000
Income difference	$85,000
Years together	10
Monthly support (low)	$800
Monthly support (high)	$1,200
Duration	5 - 10 years (or indefinite)

Example 3: 20-Year Relationship

Factor	Value
Payor income	$150,000
Recipient income	$30,000
Income difference	$120,000
Years together	20
Monthly support	$2,000 - $3,000
Duration	Indefinite

Factors That Affect Support

Increases Support

Factor	Impact
Longer relationship	Higher amount, longer duration
Larger income gap	Higher amount
Children from relationship	Higher amount
Recipient stayed home	Compensatory factor
Age of recipient	Harder to re-enter workforce
Health issues	May extend duration

Decreases Support

Factor	Impact
Short relationship	Lower amount, shorter duration
Both incomes similar	Minimal or no support
Recipient can become self-sufficient	Time-limited support
New relationship (recipient)	May reduce or end support
Employment opportunities	Shorter duration

Tax Treatment of Spousal Support

Type	Payor	Recipient
Periodic support	Tax deductible	Taxable income
Lump sum	Not deductible	Not taxable
Child support	Not deductible	Not taxable

Properly structured, support payments can reduce overall tax burden.

Common-Law vs Married Support

Aspect	Common-Law	Married
Support entitlement	Same SSAG	Same SSAG
Property division	Province-dependent	Automatic equalization
Time required	2-3 years (varies)	Immediate upon marriage
Application	Court or agreement	Court or agreement

Common-law partners do NOT automatically have property division rights (except BC). Support is separate from property.

Getting Support Without Court

1. Negotiate Directly

Many couples agree on support without lawyers or court.

2. Mediation

Benefit	Details
Lower cost	$3,000-5,000 typical
Faster	Weeks vs months
Less adversarial	Both parties work together

3. Collaborative Family Law

Lawyers help negotiate without court proceedings.

4. Cohabitation Agreement

Create an agreement before/during relationship:

Define support expectations
Address property
Reduce future conflict

Enforcing Support

If a payor doesn’t pay:

Province	Enforcement Agency
Ontario	Family Responsibility Office (FRO)
BC	Family Maintenance Enforcement Program
Alberta	Maintenance Enforcement Program
Other provinces	Similar enforcement agencies

Enforcement can include:

Wage garnishment
Bank account seizure
Passport suspension
License suspension
Jail (extreme cases)

Changing Support Orders

Support can be changed if circumstances change materially:

Change	Effect
Payor job loss	May reduce support
Recipient gets job	May reduce support
Payor income increases	May increase support
Recipient new relationship	May end support
Recipient remarries	Often ends support