There is no single universal definition of common law for every legal purpose. Under Nova Scotia family legislation, definitions and consequences depend on the statute and issue. Unmarried partners can have parenting and support rights while facing a different property framework from married spouses.
Sources checked September 29, 2026.
Relationship status
Whether a relationship qualifies for a particular right depends on the definition in the law governing that issue.
- marriage-like relationship
- two-year PSA definition
- child together
Separation
Common-law partners do not divorce, but separation can still trigger parenting, support, housing, property and debt questions.
- ending the relationship
- separation agreement
- court order
Parenting and child support
Parents' responsibilities to children do not depend on whether the parents married each other.
- decision-making responsibility
- parenting time
- child support
Spousal support
Qualifying unmarried partners may be able to seek spousal support under provincial law.
- relationship duration
- entitlement
- amount and duration
Property and cohabitation agreements
The Matrimonial Property Act does not generally provide the same equal-division regime to ordinary common-law partners; agreements and general property principles can therefore be especially important.
- cohabitation agreement
- jointly owned property
- Partition Act and equitable claims
Official sources
- Nova Scotia Family Law — Common Law Relationships
- Nova Scotia Family Law — Common Law Separation
- Nova Scotia Family Law — Common Law Property