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TCZ LawToronto, ON · March 23, 2026

Common-Law vs Marriage in Ontario: What Happens When You Separate?

In Ontario, married couples and common-law partners have very different legal rights upon separation. Married spouses who divorce are entitled to equal net family property division under the Family Law Act (FLA), equal possession of the matrimonial home, and Corollary Relief (child custody, support) under the federal Divorce Act. Common-law partners (who meet the FLA “spouse” definition...

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