Marriage has long been seen as the foundation of family life, but today, its role is shifting. Fewer people are choosing to marry, and many are exploring alternative relationship structures—cohabitation, polyamory, and even platonic co-parenting arrangements. While this evolution reflects changing social values and personal freedoms, it also raises important legal questions, particularly regarding property division, spousal support, and parental rights.
For couples in Ontario, it’s essential to understand that while marriage is evolving, the law still applies to many alternative relationships. Common-law couples may have legal obligations similar to married spouses, especially regarding financial support and parenting time.
Marriage in Decline: A Global Trend
Over the last few decades, marriage rates have steadily dropped. In countries like Canada, Sweden, and the United States, more people are delaying marriage or skipping it altogether. Economic factors, shifting gender roles, and changing societal expectations are all contributing to this decline.
At the same time, divorce rates remain high, reinforcing the idea that marriage is no longer a lifelong guarantee. Instead, couples are seeking more flexible arrangements that prioritize personal fulfillment and financial independence over traditional legal commitments.
Financial Risks: Why Many Avoid Marriage
Historically, marriage provided financial security, especially for women. Today, however, both partners in a relationship are likely to be financially independent. In many cases, marriage is now seen as a financial risk rather than a safeguard.
- Weddings are expensive, often costing tens of thousands of dollars.
- Divorce can be even more costly, with legal fees, property division, and spousal support obligations.
- Common-law partners may still face financial claims, even if they never formally married.
For younger generations, who have seen their parents navigate difficult divorces, cohabitation may feel like a safer alternative. However, in Ontario, long-term cohabitation can still lead to legal claims for support or property division, particularly if a couple shares assets or has children together.
The Rise of Alternative Relationship Structures
As marriage declines, new relationship models are emerging. Many couples now choose to live together without ever formalizing their relationship. Others are exploring polyamory, open relationships, and co-parenting partnerships that exist outside the traditional framework of marriage.
While these arrangements offer flexibility, they also create legal gray areas. For example:
- Can a long-term cohabiting partner make a claim for spousal support? (In many cases, yes.)
- What happens if one partner financially supports the other, but they never marry? (A claim for unjust enrichment could arise.)
- How are parenting responsibilities and custody determined for non-traditional families? (The law prioritizes the best interests of the child, regardless of the parents’ relationship status.)
The law may not yet fully reflect these modern relationships, but courts are increasingly recognizing them in legal disputes over finances, property, and parental rights.
Common-Law Relationships: The Legal Reality
In Ontario, a common-law relationship is defined as a couple who has lived together for at least three years in a conjugal relationship or has a child together and has cohabited in a relationship of some permanence.
While common-law spouses do not have the same automatic property rights as married spouses, they may still have claims related to:
- Spousal support
- Child support and parenting time
- Shared assets and unjust enrichment
This means that just because a couple isn’t married doesn’t mean they are free from financial and legal obligations to each other.
The Future of Marriage and Family Law
As alternative relationships become more common, family law must adapt to protect individuals in all types of relationships. Whether married or not, couples need to consider their rights and responsibilities:
- Cohabitation agreements can help common-law couples define their financial expectations.
- Parenting agreements can ensure fair custody arrangements for non-traditional families.
- Pre-nuptial or post-nuptial agreements can provide clarity for couples who choose marriage.
At Russell Alexander Collaborative Family Lawyers, we help individuals and families navigate the legal complexities of relationships—whether they involve marriage, common-law partnerships, or alternative family structures.
Final Thoughts: Relationships Are Changing, But the Law Still Applies
While marriage is no longer the only path to a committed relationship, it’s important to understand the legal implications of any partnership. Many people assume that avoiding marriage protects them from legal claims, but Ontario law recognizes many non-marital relationships in significant ways.
If you’re in a long-term relationship—married or not—it’s worth seeking legal advice to ensure your rights and responsibilities are clearly defined. As relationships evolve, so must our understanding of the law.