Cohabitation Agreement vs Marriage in Canada

Marriage

Marriage triggers a defined set of rights and obligations across Canada, including property division and spousal support rules that vary by province. Those rules apply by default unless a marriage contract changes them.

Common-law and cohabitation

Cohabiting partners may acquire some legal obligations over time, and the threshold differs sharply by province. In several provinces, long-term cohabitation can create support obligations even without marriage. A cohabitation agreement lets partners document privacy, separate property, and expectations before the law fills the gaps for them.

What a cohabitation agreement defines

• Separate-property declarations and shared-contribution records.
• Privacy and confidentiality between partners.
• Support-waiver acknowledgements, where permitted in your province.
• A structured path if circumstances change.

This is general information, not legal advice; common-law rules differ by province and a lawyer can tell you how they apply to you. Explore the Common Law Partnership Agreement and the Long-Term Monogamy Agreement, or read about relationship NDAs.