Nova Scotia does not recognize common law marriage, meaning unmarried cohabiting partners cannot file for divorce regardless of relationship length. Common law couples in Nova Scotia must instead navigate separation through provincial legislation including the Parenting and Support Act for spousal support claims (requiring 2 years of cohabitation) and the Partition Act for jointly-owned property, or pursue unjust enrichment claims through the courts. The Matrimonial Property Act's 50/50 equal division presumption applies only to married couples and registered domestic partners, leaving common law partners without automatic property division rights upon separation.
| Key Fact | Details |
|---|---|
| Common Law Divorce Available | No — Nova Scotia does not permit divorce for unmarried couples |
| Property Division Rights | None automatic; must use Partition Act or unjust enrichment claims |
| Spousal Support Eligibility | 2 years cohabitation OR child together under Parenting and Support Act |
| Domestic Partnership Registration | Available; grants Matrimonial Property Act rights |
| Court Filing Fee | $218.05 + $25 law stamp + HST (approximately $291.55 total) |
| Cohabitation Agreement | Valid and enforceable under common law contract principles |
Understanding Common Law Relationships in Nova Scotia
Nova Scotia defines common law relationships as two people living together in a conjugal relationship without being legally married, with the Parenting and Support Act requiring a minimum of 2 years of cohabitation before spousal support claims become available. Unlike British Columbia's 2-year threshold that triggers automatic property sharing, or Alberta's Adult Interdependent Partner Act that creates statutory property rights, Nova Scotia provides no automatic property division framework for common law couples. The Walsh v. Bona (2002 SCC 83) Supreme Court of Canada decision confirmed that excluding common law couples from Nova Scotia's Matrimonial Property Act does not constitute discrimination, establishing that unmarried partners consciously choose to remain outside the community property regime.
The legal distinction between married and common law couples in Nova Scotia creates significant practical consequences. Married couples benefit from the Matrimonial Property Act presumption that all matrimonial assets acquired during marriage are divided 50/50 upon divorce, regardless of whose name appears on the title. Common law partners, by contrast, leave the relationship with whatever property is registered in their name, with no automatic sharing mechanism unless they have registered as domestic partners or can successfully pursue court claims for unjust enrichment.
Why Common Law Partners Cannot Divorce in Nova Scotia
The federal Divorce Act, R.S.C. 1985, c. 3 applies exclusively to legally married couples, meaning common law partners cannot access divorce proceedings regardless of how long they have lived together. The 2021 amendments to the Divorce Act that modernized parenting terminology and added family violence considerations did not extend coverage to common law relationships. To obtain a divorce in Canada, couples must prove they were legally married, which requires a valid marriage certificate issued by a government authority.
Common law separation in Nova Scotia therefore involves no formal legal process to end the relationship itself. Partners simply cease cohabiting, with the separation date becoming relevant only for subsequent claims related to spousal support, property division, or parenting arrangements. The lack of a formal dissolution requirement means common law partners face no residency requirements, waiting periods, or mandatory separation timelines that apply to divorcing married couples.
Property Division Rights for Common Law Partners
Common law partners in Nova Scotia have no automatic entitlement to share in each other's property upon separation, a situation that contrasts sharply with the 50/50 equal division presumption that applies to married couples under the Matrimonial Property Act. The basic rule is that each partner leaves the relationship with whatever assets are registered in their own name. Jointly-owned property, such as a home held in both names, must be divided according to the ownership shares specified on the title.
For property held solely in one partner's name, the non-owning partner must pursue claims through the courts using principles of unjust enrichment and constructive trust. The Supreme Court of Canada's decision in Kerr v. Baranow (2011 SCC 10) established the "joint family venture" framework that allows common law partners to claim a proportionate share of assets accumulated during the relationship. To succeed, the claiming partner must prove three elements: (1) the other partner was enriched, (2) the claiming partner suffered a corresponding deprivation, and (3) there was no juristic reason (such as a gift or contract) for the enrichment.
Using the Partition Act for Jointly-Owned Property
When common law partners jointly own real property such as a home, the Partition Act, R.S.N.S. 1989, c. 333 provides a mechanism to force sale and division of proceeds. A common law partner can bring an application to the Supreme Court of Nova Scotia to order that jointly-held property be sold, with the sale proceeds divided between the owners according to their ownership shares. The Partition Act does not require any minimum relationship duration and applies to any co-owners of property, not exclusively to intimate partners.
The Partition Act application is typically filed in the Supreme Court of Nova Scotia (Family Division) where family law matters are heard. Filing fees for contested applications in the Supreme Court are $320.30 as of March 2026, plus additional costs for serving documents and potential hearing fees. The court will order sale unless both parties agree to an alternative arrangement such as one partner buying out the other's share.
Unjust Enrichment and Joint Family Venture Claims
For property not held jointly, common law partners must pursue unjust enrichment claims through the courts. Following Kerr v. Baranow, courts assess whether the relationship constituted a "joint family venture" by examining four factors: (1) mutual effort toward common goals, (2) economic integration of finances and assets, (3) actual intent during the relationship to share wealth, and (4) prioritization of the family unit in decision-making.
A successful unjust enrichment claim can result in a monetary award or, in some cases, a constructive trust over specific property. The remedy is proportionate to the claimant's contributions to the joint family venture, which may include financial contributions, domestic labor, childcare, career sacrifices, or relocating for the other partner's employment. Nova Scotia courts have awarded shares ranging from 20% to 50% of accumulated wealth depending on the nature and extent of each partner's contributions.
| Claim Type | Legal Basis | What Must Be Proven | Potential Outcome |
|---|---|---|---|
| Partition Act | Joint ownership of real property | Property registered in both names | Forced sale with proceeds divided by ownership share |
| Unjust Enrichment | Common law equitable principles | Enrichment, deprivation, no juristic reason | Monetary award proportionate to contribution |
| Constructive Trust | Kerr v. Baranow joint family venture | Joint family venture factors present | Share of specific property or accumulated wealth |
| Resulting Trust | Contribution to purchase price | Direct financial contribution to purchase | Share proportionate to contribution |
Spousal Support for Common Law Partners
Nova Scotia's Parenting and Support Act, R.S.N.S. 1989, c. 160 permits common law partners to seek spousal support after meeting specific eligibility requirements. To qualify, partners must have lived together in a conjugal relationship for at least 2 years continuously, or have lived together and had a child together regardless of cohabitation duration. These thresholds are lower than some other provinces; for comparison, Ontario requires 3 years of cohabitation under the Family Law Act.
Spousal support is not automatic even when eligibility requirements are met. The claiming partner must demonstrate either financial need arising from the relationship breakdown or entitlement to compensation based on economic disadvantages suffered during the relationship. Factors considered include the length of the relationship, each partner's income and earning capacity, contributions to the other partner's career advancement, and the economic impact of caring for children.
Calculating Support Using the Advisory Guidelines
Nova Scotia courts apply the Spousal Support Advisory Guidelines (SSAG) to calculate support amounts for both married and common law partners. For relationships under 20 years without children, the "without child support formula" typically produces support amounts of 1.5% to 2% of the income difference between partners for each year of cohabitation. A 10-year common law relationship with a $60,000 income difference would generate monthly support ranging from approximately $750 to $1,000 under the SSAG mid-range.
The duration of support varies based on relationship length. Shorter relationships of 2-5 years typically result in time-limited support of 6 months to 2 years. Longer relationships of 10+ years may result in indefinite support, particularly where one partner sacrificed career advancement for domestic responsibilities or childcare. Support may be reduced or terminated if the recipient partner becomes self-sufficient or enters a new conjugal relationship.
Parenting Arrangements for Common Law Children
Common law parents in Nova Scotia have identical rights and obligations regarding their children as married parents. The Parenting and Support Act governs parenting arrangements, using terminology aligned with the 2021 federal Divorce Act amendments. Courts make orders for "parenting time" (when the child resides with each parent) and "decision-making responsibility" (authority over major decisions about education, health, religion, and extracurricular activities).
The best interests of the child standard applies to all parenting determinations, requiring courts to consider the child's physical, emotional, and psychological safety and well-being as the primary consideration. Relevant factors include the child's relationships with each parent, the child's views and preferences (particularly for older children), each parent's ability to meet the child's needs, and any history of family violence. Common law status has no bearing on parenting outcomes; courts focus exclusively on what arrangements best serve the child's welfare.
Child Support Obligations
Child support follows the Federal Child Support Guidelines regardless of the parents' marital status. The paying parent's obligation is based on their gross annual income and the number of children, with Nova Scotia's table amounts available in the Federal Child Support Guidelines, SOR/97-175. A parent earning $70,000 annually would pay approximately $639 per month for one child or $1,022 per month for two children under the Nova Scotia table amounts.
Special or extraordinary expenses (section 7 expenses) such as childcare, medical expenses, extracurricular activities, and post-secondary education costs are shared between parents in proportion to their incomes. If one parent earns 60% of the combined household income, they would pay 60% of agreed special expenses. Child support takes priority over spousal support, meaning courts will first ensure adequate child support before considering spousal support claims.
Registered Domestic Partnership Option
Nova Scotia offers common law couples the option to register as domestic partners through Vital Statistics at Service Nova Scotia, gaining many of the same rights as married couples. Since June 4, 2001, domestic partnership registration has been available to both same-sex and different-sex couples who meet eligibility requirements. Registration triggers application of the Matrimonial Property Act to the relationship, meaning registered domestic partners benefit from the 50/50 equal division presumption upon separation.
Eligibility Requirements for Domestic Partnership
To register a domestic partnership in Nova Scotia, both partners must meet specific criteria. Each partner must be at least 19 years old, live in a conjugal relationship, and genuinely wish to form a domestic partnership. Nova Scotia residency of at least 3 months immediately prior to registration is required, unless the partners own real property in the province. Neither partner can be currently married or already registered in another domestic partnership.
The registration process requires completing and signing the Declaration of Domestic Partnership form, available from Service Nova Scotia. The form must be witnessed by an adult aged 19 or older. Processing a Domestic Partnership Certificate takes 4-6 weeks, with both short form (names and registration details) and long form (certified copy of original registration record) certificates available.
Benefits of Registration
Registered domestic partners immediately gain access to the Matrimonial Property Act framework for property division, eliminating the need for complex unjust enrichment claims upon separation. Additional benefits include pension survivor benefits, inheritance rights if a partner dies without a will (intestacy), and recognition for insurance and employment benefit purposes. Registration also provides clarity for medical decision-making and hospital visitation rights.
The decision to register involves weighing benefits against the loss of autonomy that comes with the Matrimonial Property Act regime. Partners who wish to maintain separate property may prefer to remain unregistered and instead protect their interests through a cohabitation agreement. Legal advice is recommended before registration to ensure partners understand the full implications of this status change.
Cohabitation Agreements for Protection
Cohabitation agreements provide common law partners with a mechanism to define their property and financial rights outside the default legal framework. In Nova Scotia, cohabitation agreements are legally valid and enforceable under common law contract principles, even though no specific statute authorizes them. These agreements allow unmarried couples to specify how property will be divided upon separation, whether spousal support will be payable, and how financial responsibilities are shared during the relationship.
Requirements for Enforceability
To maximize enforceability, a cohabitation agreement in Nova Scotia should be in writing, dated, and signed by both partners. The agreement must be witnessed by an adult aged 19 or older who observed both signatures. Full financial disclosure from both partners is essential; agreements signed without complete disclosure of assets, debts, and income are vulnerable to being set aside by courts.
Independent legal advice (ILA) is strongly recommended though not strictly required. Courts are more likely to uphold agreements where each partner received advice from their own lawyer about the agreement's implications. A Certificate of Independent Legal Advice signed by each partner's lawyer provides strong evidence that both partners understood and voluntarily accepted the terms. Agreements lacking ILA may still be enforceable but face greater scrutiny.
What Cohabitation Agreements Can Address
Valid cohabitation agreements may address any financial or property-related aspect of the relationship. Common provisions include ownership of property acquired before or during the relationship, division of property upon separation, responsibility for debts incurred individually or jointly, and spousal support terms. Partners can agree to share property equally like married couples, maintain completely separate finances, or create any arrangement between these extremes.
Cohabitation agreements cannot predetermine parenting arrangements for children. Decisions about parenting time and decision-making responsibility must be made based on the child's best interests at the time of separation and cannot be contracted in advance. Courts will not enforce agreement provisions that purport to limit or waive child support obligations, as these are considered the child's right rather than the parents' to bargain away.
Filing Fees and Court Costs
Common law partners pursuing property claims or support applications in Nova Scotia face court filing fees that vary based on the type of application and court level. The Supreme Court of Nova Scotia (Family Division) handles most family law matters including property claims and complex support disputes.
| Application Type | Filing Fee (as of March 2026) |
|---|---|
| Uncontested application | $218.05 + $25 law stamp + HST ≈ $291.55 |
| Contested application (Petition for Divorce) | $320.30 |
| Response to application | $73.20 |
| Response with counter-application | $145.80 |
| Application for parenting or support (Family Court) | $66.00 |
| Partition Act application | $320.30 (Supreme Court) |
Fee waivers are available for applicants who cannot afford court costs. The Fee Waiver Application Form requires proof of income such as recent pay stubs, benefit statements, or tax returns. Applicants with no income must include a letter from a physician, clergy member, or social worker confirming their financial situation. Waiver applications are assessed individually based on financial need.
Steps to Separate from a Common Law Partner
Separating from a common law relationship in Nova Scotia does not require any formal legal process to end the relationship itself. However, several practical and legal steps help protect your interests and resolve outstanding issues.
First, establish the separation date by documenting when you and your partner began living separately. The separation date affects calculations for spousal support duration and CPP credit splitting eligibility. If you continue sharing a residence temporarily, document evidence of separate lives such as separate bedrooms, separate finances, and cessation of conjugal relations.
Second, gather financial documentation including tax returns, pay stubs, bank statements, investment account statements, property titles, and debt records. This information is essential for any property claims or support applications. For property registered in your partner's name where you contributed financially or through labor, collect evidence of your contributions such as bank records, receipts, and correspondence.
Third, consider urgent legal issues requiring immediate attention. If you have children together, temporary parenting arrangements should be established quickly, either by agreement or through an urgent court application. If domestic violence is present, contact the Nova Scotia Domestic Violence Intervention Program or seek an emergency protection order through the courts.
Fourth, determine whether court applications are necessary. Common law partners with children typically need court orders or signed agreements addressing parenting arrangements and child support. Partners who cohabited for 2+ years may have spousal support entitlements worth pursuing. Property claims require assessment of whether unjust enrichment arguments are likely to succeed.
Finally, consider alternative dispute resolution before litigation. Mediation and collaborative law processes are often faster and less expensive than court proceedings. Nova Scotia offers family mediation services through the Family Division of the Supreme Court, and many private mediators specialize in common law separation matters.
CPP Credit Splitting After Common Law Separation
Canada Pension Plan (CPP) credits earned during a common law relationship can be divided between partners after separation. To qualify for CPP credit splitting, you must have lived with your common law partner continuously for at least 1 year, been living apart for at least 12 consecutive months at the time of application, and apply within 4 years of the date you began living apart.
The credit splitting process divides the CPP contributions that both partners made during their time together. Service Canada calculates the total credits each partner earned during the relationship, adds these amounts together, and divides them equally. This division affects each partner's future CPP retirement, disability, and survivor benefits.
Applications for CPP credit splitting are submitted to Service Canada using the required forms. Unlike divorced couples, common law partners cannot credit split through an agreement alone; the federal application process must be completed. The 4-year limitation period is strict, making timely application essential for partners who separated years ago.
Frequently Asked Questions
Can common law partners get divorced in Nova Scotia?
No, common law partners cannot divorce in Nova Scotia because the federal Divorce Act, R.S.C. 1985 applies exclusively to legally married couples. Common law relationships end through separation without any formal legal process. Partners simply cease cohabiting, though subsequent court applications may be needed for property division, spousal support, or parenting arrangements.
How long do you have to live together to be common law in Nova Scotia?
Nova Scotia uses different cohabitation thresholds for different purposes. For spousal support eligibility under the Parenting and Support Act, partners must cohabit for 2 years continuously or have a child together. For CPP credit splitting, 1 year of cohabitation is required. There is no minimum cohabitation period for property claims through unjust enrichment, though relationship length affects the strength of such claims.
Do common law partners have property rights in Nova Scotia?
Common law partners in Nova Scotia have no automatic property division rights. The Matrimonial Property Act applies only to married couples and registered domestic partners. Unregistered common law partners must pursue property claims through the Partition Act for jointly-owned property or unjust enrichment principles established in Kerr v. Baranow (2011 SCC 10) for property held in one partner's name.
What is a registered domestic partnership in Nova Scotia?
A registered domestic partnership is a legal status available through Service Nova Scotia's Vital Statistics office that grants common law couples many rights similar to married couples. Registration requires both partners to be 19+, living in a conjugal relationship, Nova Scotia residents for 3+ months, and not married or in another domestic partnership. Registered partners gain access to the Matrimonial Property Act's 50/50 property division framework.
How much spousal support can a common law partner receive?
Spousal support amounts for common law partners follow the Spousal Support Advisory Guidelines (SSAG). For relationships without children, the formula produces 1.5% to 2% of the income difference multiplied by years of cohabitation. A 10-year relationship with a $60,000 income difference would typically result in $750 to $1,000 monthly support. Actual amounts depend on individual circumstances including financial need and economic disadvantage from the relationship.
Can a cohabitation agreement protect my assets?
Yes, a properly drafted cohabitation agreement can protect assets by specifying that property remains separate upon separation. The agreement should be in writing, signed by both partners, witnessed, and ideally accompanied by independent legal advice for each partner. Full financial disclosure is essential for enforceability. Courts may set aside agreements that are unconscionably unfair or signed under pressure.
What happens to the house when common law partners separate?
If the house is jointly owned, either partner can apply under the Partition Act to force sale and divide proceeds according to ownership shares. If the house is in one partner's name only, the non-owning partner must pursue unjust enrichment claims to receive any share. Registered domestic partners divide the matrimonial home under the Matrimonial Property Act, which may require equal sharing regardless of title.
How do I prove a joint family venture for property claims?
Joint family venture claims under Kerr v. Baranow require proving four factors: (1) mutual effort toward common goals during the relationship, (2) economic integration of finances, assets, and debts, (3) actual intent to share accumulated wealth, and (4) prioritization of the family unit in decision-making. Evidence includes joint bank accounts, financial contributions to the partner's property, career sacrifices for the family, and testimony about the relationship's character.
Do common law parents have the same rights as married parents?
Yes, common law parents have identical parenting rights and obligations as married parents in Nova Scotia. The Parenting and Support Act makes no distinction based on parental marital status. Child support follows the Federal Child Support Guidelines based on income and number of children. Parenting time and decision-making responsibility are determined based on the child's best interests regardless of whether parents were married.
How long do I have to file for CPP credit splitting?
You must apply for CPP credit splitting within 4 years of the date you and your common law partner began living apart. The application requires that you lived together continuously for at least 1 year and have been separated for at least 12 consecutive months. Unlike divorced couples, common law partners must complete the federal application process with Service Canada rather than including credit splitting in a separation agreement.