What Should you Know About Family Law in Ontario?
Family Law in Ontario: Answers to the Questions People Actually Ask
SUMMARY
Family law in Ontario covers separation, divorce, parenting time and decision-making, child and spousal support, and how property is divided when a relationship ends. Married and common law spouses share similar rights around support and parenting, but very different rights around property. Most family law matters can be resolved through mediation, collaborative law, or lawyer negotiation without ever going to court.
About family law in Ontario
Family law lawyers help individuals, couples, and families work through the legal issues that come with a separation or a change in family status. That includes parenting time and decision-making authority, child support, spousal support, and the division or equalization of property. It also includes preventive work: cohabitation agreements, marriage contracts, and estate planning that reflects the family a client has today. Our family law team serves clients across Clarence-Rockland, l'Orignal, Prescott-Russell, Ottawa, and the surrounding region in both English and French.
Do married and common law spouses have the same rights when separating?
Not entirely. Married and common law spouses in Ontario have similar rights when it comes to child support, spousal support, and parenting arrangements. The critical difference is property. Married spouses have a right under the Family Law Act to equalize the value of the property built up during the marriage. Common law spouses do not have that right by default. Each partner leaves the relationship with whatever is registered in their name, unless there is a specific legal argument that one partner contributed to an asset owned by the other.
What property rights do common law spouses have in Ontario at separation?
By default, no automatic right to divide property. If your name is on the house, the vehicle, the bank account, or the RRSP, that asset is yours. If your partner's name is on it, that asset is theirs. Where the picture gets more complicated is when one partner has contributed to an asset that legally belongs to the other. If you have been paying the mortgage on your partner's house for years, or if you spent significant amounts of your own money renovating a property in your partner's name, an argument can be made that dividing property purely by registered ownership would be unjust. Those cases are called constructive trust or unjust enrichment claims and they are fact-specific. We cover this in more detail on our page about what a common law spouse is entitled to in Ontario.
How can I protect my assets before moving in together or getting married?
The clearest way is a written agreement that sets out what each of you owns going in and how you want to handle property if the relationship ends. For unmarried couples, that document is called a cohabitation agreement. For married or engaged couples, it is called a marriage contract (sometimes still referred to as a prenup). Both documents can address property, spousal support, and how debts will be handled. To be enforceable, they need to be signed voluntarily by both parties, with full financial disclosure, and each person should have independent legal advice. It is far easier and less expensive to put this in place at the beginning of a relationship than to fight about it at the end.
Do I need to get a divorce if I'm separating?
Not necessarily. Separation and divorce are two different concepts. You are separated the moment you and your spouse stop living together as a couple. A divorce is a court order that formally ends the marriage. You can be separated for years, resolve every issue from parenting to support to property, and never file for divorce. However, if either of you wants to remarry, you will need a divorce order. Most people file for divorce once the separation issues are settled through a separation agreement, because it draws a clean line under the marriage.
What happens to our house when we separate?
The answer depends on whether you are married or common law and whose name is on the title. For married couples, the matrimonial home is treated specially under Ontario's Family Law Act. Both spouses have an equal right to live in it during the separation regardless of whose name is on title, and normally the consent of both spouses is required before it can be sold or mortgaged. For common law couples, the person on title generally controls what happens to the house. If you are wondering how selling a home might affect your family situation, we cover this in detail on our page about whether your spouse needs to consent to the sale of your property.
My spouse and I are separating. Can we use the same lawyer?
No. Even if you agree on every issue, a lawyer cannot represent both spouses in a separation. A lawyer's ethical duty is to act in the best interests of their own client, and that duty conflicts with representing the person on the other side of the same file. The one exception is mediation, where a neutral lawyer-mediator can meet with both of you to help you reach agreement. Even then, you each still need independent legal advice before signing a final agreement. We wrote a full explanation of why this rule exists.
What happens to our assets after we separate?
For married couples, Ontario uses a process called equalization of net family property. Both spouses calculate what they own, subtract what they owed on the date of separation, subtract the value each brought into the marriage, and the spouse with the larger net family property pays the other spouse half the difference. Certain assets like gifts and inheritances received during the marriage and kept separate can be excluded. For common law couples, there is no equalization. Each partner keeps what is in their name, subject to any specific claim about contributions to the other partner's property. For a deeper look at how the equalization math works, see our article on how property is divided at separation in Ontario.
Can I resolve my separation without going to court?
Yes, and most people do. Court is not the default path in family law. There are four main ways separating couples reach agreement without a judge deciding for them: negotiation between lawyers, family law mediation, collaborative family law, and arbitration. Which path fits depends on how well you and your spouse can still communicate and how complex the issues are. We wrote a full comparison in our article on resolving separation without going to court.
What is family law mediation?
Family law mediation is a process where you and your spouse work with a trained, neutral facilitator called a mediator to reach agreement on the issues that come with separation: parenting arrangements, decision-making, child support, spousal support, and property. The mediator does not take sides and does not impose a decision. Their role is to help you both explore options, understand the legal framework, and land on an arrangement that works. For families across Prescott-Russell, Clarence-Rockland, Ottawa, and the surrounding areas, mediation is often faster, less expensive, and less adversarial than court, especially when children are involved. CAROLYNNE D. MARLEAU on our team is a certified family law mediator, and you can read more about the process on our family law mediation page.
How does mediation compare to court in cost and time?
Mediation typically resolves in weeks or a few months and costs a fraction of a contested court process. A contested family court proceeding can take years, involves multiple appearances, motions, and disclosure exchanges, and generates far higher legal fees. Mediation also keeps decisions in your hands. The tradeoff is that mediation only works when both spouses are willing to negotiate in good faith and when there are no safety concerns. For those situations court remains the right forum, and our family law team represents clients in family court in l'Orignal, Ottawa, and surrounding jurisdictions when needed.
How is child support calculated in Ontario?
Ontario follows the Federal Child Support Guidelines. The calculation depends on three things: the parenting arrangement, the number of children, and the payor parent's annual income. There are two main scenarios. If one parent has primary care (meaning they care for the children 60 percent or more of the time), child support is calculated based only on the other parent's income according to the Guideline tables. If parents share care roughly equally (each caring for the children between 40 and 60 percent of the time), a set-off calculation applies. Each parent's Guideline amount is worked out separately based on their own income, and the higher-earning parent pays the difference to the other. On top of the base amount, there are also section 7 expenses (things like childcare, health expenses, extracurriculars) that are usually shared in proportion to income. Child support numbers should be reviewed whenever income or the parenting arrangement changes materially.
Do we still pay child support if we share parenting time equally?
Usually yes. Equal parenting time does not eliminate child support. It changes how it is calculated. Under a shared parenting arrangement, both parents' incomes are plugged into the Guidelines and the higher earner pays the difference. This ensures that both households can provide a similar standard of living for the children, which is the core principle behind Ontario's approach.
Am I entitled to child support?
If you are the parent with whom the children primarily live, or if you have the higher parenting time in a shared arrangement, you are almost always entitled to receive child support from the other parent. Child support is considered the right of the child, not the parent. Parents cannot waive it or negotiate it away in exchange for something else. A court will look at any agreement that tries to do so and set it aside if it does not meet the child's needs.
Does child support apply to common law partners?
Yes. Child support obligations apply to all parents regardless of whether they were married. The Federal Child Support Guidelines apply the same way to common law parents as to married parents. This is different from spousal support, where the entitlement for common law partners depends on the length and nature of the relationship, and different again from property division, where common law spouses have very different rights than married spouses.
Can a parent refuse access if child support isn't being paid?
No. Parenting time and child support are treated as two separate legal issues. A parent cannot withhold access to the children because the other parent has fallen behind on support, and equally, a parent cannot stop paying support because they are being denied parenting time. Both are enforceable independently. If support is not being paid, the correct step is to enforce through the Family Responsibility Office (FRO). If parenting time is being denied, the correct step is to bring a motion in court or return to mediation.
How do I actually collect child support?
In Ontario, most child support orders and agreements are enforced through the Family Responsibility Office, a provincial agency. FRO receives payments from the payor, forwards them to the recipient, and handles enforcement if payments stop. If child support is set out in a separation agreement, that agreement can be filed with the court and registered with FRO. If it is set out in a court order, FRO enforcement is automatic unless both parties opt out. If you need help getting an agreement to the point where FRO can enforce it, our family law team can walk you through it.
Am I entitled to spousal support?
That depends. Spousal support is not automatic. Entitlement is based on either compensatory grounds (one spouse has been financially disadvantaged by the marriage or its breakdown, for example by leaving the workforce to raise children), non-compensatory grounds (one spouse cannot meet their basic needs after separation and the other has the means to help), or contractual grounds (a marriage contract or cohabitation agreement provides for it). Common law spouses can also claim spousal support in Ontario if they cohabited for at least three years, or if they had a child together and lived in a relationship of some permanence.
How long does spousal support last?
The answer varies with the length of the relationship and the circumstances. The Spousal Support Advisory Guidelines suggest a range for both amount and duration. For a shorter relationship, spousal support might last a fraction of the length of the marriage. For a long marriage, especially where one spouse has been out of the workforce for many years or where the parties are older, support can be indefinite. Spousal support terms are usually written into a separation agreement or court order and can be revisited if there is a material change in circumstances such as retirement, job loss, or a significant change in either party's income.
What happens to spousal support if someone remarries?
Remarriage of the recipient does not automatically end spousal support in Ontario, but it is a factor a court can consider, especially if the new relationship changes the recipient's financial circumstances. Long-term cohabitation with a new partner can have a similar effect. Whether support ends, reduces, or continues depends on the wording of the original agreement or order, the length of time support has been paid, and the specific facts. If you are the payor and the recipient has remarried, it is worth speaking with a family lawyer before you stop or reduce payments on your own, because unilateral changes can lead to enforcement action.
Do I need to review my separation agreement periodically?
Some parts should be reviewed. Child support amounts should be reviewed every year against updated income, because they are recalculated based on the payor's current income and the Guidelines. Section 7 expenses and childcare arrangements often change as children grow. Other parts of the agreement (property division, spousal support, parenting schedules) usually stay in place unless there is a material change in circumstances such as job loss, retirement, remarriage, or a significant income shift. If something significant has changed since your agreement was signed, book a review with a family lawyer before problems arise.
Is a separation agreement enforceable in court?
Yes, provided it meets a few requirements. To be enforceable, a separation agreement must be in writing, signed by both parties, and witnessed. Both parties should exchange full financial disclosure before signing. Both parties should also have independent legal advice, and this should be documented. Agreements signed without disclosure or without legal advice are more vulnerable to being set aside later. If your ex is refusing to comply with a properly signed separation agreement, it can be filed with the court and enforced through the same mechanisms as a court order.
What's the difference between a family law matter and a child protection matter?
Family law and child protection are two separate areas of law that people sometimes confuse. Family law covers what happens when a couple separates: parenting time, decision-making, child support, spousal support, and property. It is driven by the parents and their lawyers. Child protection is driven by the Children's Aid Society (CAS) or another Child and Family Services agency, and it applies when a child is considered by the agency to be in need of protection from harm. Child protection cases go through a different court process and require a lawyer with specific experience in that area. If you have been contacted by CAS, that is a child protection matter, and it is important to get advice quickly.
What is a cohabitation agreement or marriage contract, and do I need one?
A cohabitation agreement is a written contract between two people who are living together but not married. A marriage contract does the same job for married or engaged couples. Both documents can address property, spousal support, debt, and how specific assets will be treated if the relationship ends. Not everyone needs one. They are especially useful when one partner brings significantly more assets into the relationship, when either partner has children from a previous relationship, when a partner owns a business or expects an inheritance, or when the couple simply wants clarity now instead of a dispute later. Our family law team drafts these agreements regularly, and we recommend pairing them with updated wills and powers of attorney when the family situation changes.
Working with a family lawyer in Ottawa or Clarence-Rockland
These answers reflect how family law is practiced in Ontario today. Simard & Associates has served families across Clarence-Rockland, l'Orignal, Prescott-Russell, and the Ottawa region since 1996. Our bilingual family law team, including Mélissa Lalonde and Carolynne D. Marleau, handles separations, mediations, cohabitation agreements, marriage contracts, and family court representation. If you have a family law question that is not answered here, we are happy to talk it through in a consultation.
