What Changes Financially and Legally When You Get Married in Ontario

Getting married in Ontario changes your legal relationship to your property, your partner's estate, your pension, your taxes, and your obligations — whether you stay together or separate. Most of the changes aren't visible day-to-day. They become visible when circumstances change: a separation, a death, a business decision, or a benefit renewal. Here's what actually changes — and what doesn't.

Property rights — what changes the moment you marry

The most significant and least-understood changes happen to property. Two things activate under Ontario's Family Law Act R.S.O. 1990, c. F.3 the moment you're legally married.

The equalization regime applies to your marriage. Part I of the Family Law Act — the net family property and equalization framework — now governs how your assets are treated if the marriage ends. Each spouse calculates their net family property: assets minus debts at separation, minus assets at marriage. The spouse with the higher net family property pays the other half the difference. This is called the equalization payment. It doesn't apply to common-law couples regardless of how long they've lived together — marriage creates it.

The matrimonial home rule activates. Any home you ordinarily occupy as a family residence becomes the matrimonial home under FLA s. 4(1). Two consequences follow: first, both spouses now have equal possessory rights to live there under s. 26(1) regardless of whose name is on title. Second — and this is the part most people don't expect — if you owned the home before marriage, the pre-marriage equity can no longer be deducted in equalization. The full equity at separation enters the calculation. A home owned before marriage with $200,000 in pre-marriage equity loses that deduction the moment it becomes the matrimonial home. Every other pre-marriage asset — an RRSP, savings account, investment portfolio, car — can still be deducted. The matrimonial home is the single exception.

For a full explanation of how this plays out across different scenarios, see what happens to a home you owned before marriage in Ontario.

What doesn't change: Legal title stays as-is. Marriage doesn't add your spouse's name to your assets or your name to theirs. Debts in your name alone remain your responsibility. The changes are to what happens to those assets if the marriage ends — not to day-to-day ownership.

Taxes and government benefits

Canada doesn't have joint tax filing. You each still file your own individual return. But CRA now treats you as one family unit for many credits and benefits — and that changes the math.

You must update CRA. Notify CRA of your new marital status by the end of the month following your wedding — online at My Account, by phone, or via Form RC65. Failing to do this means your benefits and credits continue to be calculated incorrectly.

Many benefits are now calculated on combined income. The GST/HST credit, Canada Child Benefit, and Canada Workers Benefit are based on combined adjusted family net income. If your spouse earns significantly more than you, combined income may push you above the thresholds for benefits you previously received alone. The GST/HST credit in particular is commonly reduced or eliminated after marriage for lower-earning spouses who marry higher earners.

Some credits can be transferred. Non-refundable tax credits that one spouse can't fully use can often be transferred to the other — the age credit, disability credit, tuition credit, pension income credit, and caregiver credit. This typically reduces the higher-income spouse's tax otherwise owing.

Spousal RRSP contributions become available. You can now contribute to a spousal RRSP in your partner's name, claiming the deduction yourself while the funds grow in their hands. Withdrawals from the spousal RRSP are taxed at your partner's rate, which can reduce combined tax in retirement if there's an income gap between you. This is one of the few straightforward tax planning advantages marriage creates.

The principal residence exemption — a two-property problem. If you each own a home and continue to own both after marriage, you now constitute one family unit for the principal residence exemption. Only one property can be designated as the principal residence for any given year. A property that would have been fully sheltered from capital gains tax before marriage may no longer be, if you each hold a property and can only designate one. This is a specific and often overlooked financial consequence for couples where both partners own property coming into the marriage.

Pensions and survivor benefits

Marriage significantly changes what happens to pensions and retirement assets — both if the marriage ends and if one of you dies.

At separation: Pension value accumulated during the marriage is included in net family property equalization by default under Ontario family law. This applies to defined-benefit and defined-contribution plans. A teacher, nurse, civil servant, or healthcare worker who has been building a DB pension for years may have $100,000–$500,000 or more in pension value that becomes shareable through equalization at separation. Pre-marriage accrual can be deducted — it's the growth during the marriage that enters equalization by default.

Survivor benefits: Most workplace DB pension plans provide mandatory survivor benefits to a legal spouse. A common-law partner may have a weaker or no automatic claim to survivor benefits depending on the plan's terms and years of cohabitation. Marriage creates a clearer statutory claim. However, a spouse can waive survivor benefits in proper form — something to consider if your estate planning points in a different direction.

CPP: Getting married doesn't change CPP contribution rules during the marriage. But if you separate, credits accumulated during the marriage are splittable under the Canada Pension Plan — and this splitting cannot be contracted away in Ontario or most provinces regardless of what a marriage contract says.

Estate rights — what you inherit if your spouse dies

Marriage significantly changes what happens if one of you dies, with or without a will.

Without a will (intestacy): Under Ontario's Succession Law Reform Act, a married spouse has priority. If there are no children, the surviving spouse typically inherits everything. If there are children, the surviving spouse receives a preferential share of $350,000 plus a portion of the remainder depending on how many children there are. Common-law partners have no automatic inheritance rights in Ontario and may need to pursue a dependant's relief claim — less certain and more expensive.

Existing wills: Marriage in Ontario can revoke an existing will unless it was expressly made in contemplation of that specific marriage. If you had a will before the wedding that didn't anticipate the marriage, it may no longer be valid. Updating your will — before or immediately after marriage — is not optional.

Equalization on death: Under FLA s. 5(2), a surviving spouse in Ontario has the right to claim equalization of net family property on the death of their partner, the same calculation that applies at separation. The surviving spouse must elect within six months between equalization and taking under the will. This right exists regardless of whether there's a will — it's a statutory claim that sits alongside the estate, not beneath it. For blended families, this can significantly affect what children from prior relationships receive.

Beneficiary designations: RRSPs, TFSAs, life insurance, and workplace pensions with named beneficiaries pass outside the will. Marriage doesn't automatically update them. An ex-partner named before marriage may still receive those funds if the designation was never changed. Review and update all beneficiary designations as soon as possible after marriage.

Spousal support — a new obligation in both directions

Marriage creates potential support obligations that are more structured and more extensive than those available to common-law couples.

On separation or divorce, either spouse can apply for spousal support under the federal Divorce Act or Ontario's Family Law Act. Entitlement is assessed based on economic dependency, career sacrifice, and the principles in the Spousal Support Advisory Guidelines. For a marriage of seven to fifteen years with a significant income gap — say $120,000 versus $40,000 — support under the SSAG can run $1,500–$2,000 per month for several years.

Common-law partners can also claim spousal support in Ontario — but only after three years of cohabitation (or any period if there's a child), and the framework is somewhat less structured. Marriage creates clearer, earlier entitlement.

Support obligations run in both directions. The higher-earning spouse has potential support obligations to the lower-earning one. A spouse who paused their career for family has a potential claim against the one who didn't. Both are relevant from the moment you marry, not just if the marriage ends badly.

What you can customize — the marriage contract

Everything above describes the default rules under Ontario law. A marriage contract — signed before or after the wedding — allows both spouses to define their own rules within the limits of what the law permits.

What a marriage contract covers under Ontario's Family Law Act explains the full scope. In brief: a marriage contract can define pre-marriage equity as excluded from equalization, establish how jointly acquired property during the marriage is treated, set structured spousal support provisions, protect pre-marriage pension accrual, preserve inheritance exclusions with anti-commingling provisions, and coordinate property rights at death with the will.

A marriage contract cannot remove either spouse's right to live in the matrimonial home during the marriage (FLA s. 26(1)), predetermine child custody or child support, or override CPP credit splitting. And it can only be enforced if it was made with full financial disclosure, independent legal advice for both parties, adequate time, and fair terms. For the full picture on what makes a prenup enforceable in Canada, that article covers every ground courts use to assess whether an agreement holds up.

The default rules under the Family Law Act aren't unfair — they were designed for the average couple. A marriage contract is for couples whose situation doesn't fit the average: a home owned before marriage, a significant pension, a business, an expected inheritance, a major income gap, children from a prior relationship. Understanding the defaults is the first step to deciding whether they work for you.

Frequently Asked Questions

Does getting married in Ontario automatically change who owns your property?

No. Legal title stays as-is — marriage doesn't add your spouse's name to your assets or vice versa. What changes is what happens to those assets if you separate. They enter the net family property equalization calculation, and the matrimonial home's pre-marriage equity loses its deductible status under FLA s. 4(1). You still own what you owned. The law now governs what happens to it if the marriage ends.

Do you have to file taxes jointly after marriage in Ontario?

No — Canada doesn't have joint filing. You each file your own individual return. But you must update your marital status with CRA by the end of the month following your wedding. CRA treats you as one family unit for many benefits and credits, which can reduce the GST/HST credit, Canada Child Benefit, and Canada Workers Benefit if your combined income is higher than either of yours alone.

What happens to a home you owned before marriage in Ontario?

If it becomes your matrimonial home — meaning you both ordinarily live there as your family residence — the pre-marriage equity can no longer be deducted in the equalization calculation. All equity at separation enters the calculation, not just growth during the marriage. This is the most counterintuitive property change marriage triggers in Ontario. See buying a home before marriage in Ontario for a full breakdown including the equalization math.

Does a common-law partner have the same rights as a married spouse in Ontario?

No — not for property. Common-law couples in Ontario have no automatic property equalization rights regardless of how long they've lived together. The equalization regime, matrimonial home possessory rights, and intestacy rights all apply only to married spouses. Spousal support is available after three years of cohabitation, but property rights require either a cohabitation agreement or expensive unjust enrichment litigation. See common-law property rights in Ontario for the full picture.

Do you need to update your will when you get married in Ontario?

Yes — immediately. Marriage in Ontario can revoke an existing will unless it was expressly made in contemplation of that specific marriage. If you had a will before the wedding, it may no longer be valid after marriage. Update your will, powers of attorney, and all beneficiary designations — RRSPs, TFSAs, and life insurance pass outside the will and aren't automatically updated by marriage.

What happens to your pension when you get married in Ontario?

Pension value accumulated during the marriage is included in net family property equalization by default. At separation, the growth in your pension's value during the marriage enters the calculation — pre-marriage accrual can be deducted. DB pensions for teachers, nurses, and civil servants can be worth $100,000–$500,000 or more and are often the largest single asset in the equalization calculation. A marriage contract can define the valuation method and protect pre-marriage accrual.

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This article provides general information about Ontario family law and does not constitute legal advice. For advice specific to your situation, consult a licensed Ontario family lawyer.