How Marital Status Affects Estate Planning in Ontario

Estate planning goes beyond assets and paperwork. In Ontario, marital status plays a central role in how an estate plan operates. Whether you are married, living common-law, separated, divorced, widowed, or single, your marital status directly affects who inherits your estate, who can make decisions for you, and what rights others may have after your death.

Ontario estate law does not treat all relationships equally, and assumptions based on fairness or long-term commitment do not always align with how the law operates. Marital status can affect inheritance where there is no Will, including whether a partner has automatic rights, who can act as executor, and whether claims can be made against an estate.

Because the rules depend on legal status rather than personal expectations, estate planning should always be tailored to your circumstances rather than relying on default outcomes.

Married Couples and Estate Planning in Ontario

Marriage carries significant legal rights under Ontario estate law. If a married person dies without a Will, their spouse is entitled to inherit under Ontario’s intestacy rules. If there are no children, the spouse may inherit the entire estate automatically.

Even when a Will exists, married spouses have additional protections under Ontario family law. A surviving spouse may be entitled to choose a family law election, which allows them to claim a share of property based on how assets were accumulated during the marriage, rather than accepting what the Will provides. This means that estate planning for married couples must consider not only personal wishes, but also statutory spousal rights that can override the terms of a Will.

Marriage can also change how an existing estate plan operates. Wills, powers of attorney, and beneficiary designations prepared before marriage may no longer reflect current intentions or legal obligations.

Common-Law Relationships and Estate Planning in Ontario

Under Ontario estate law, common-law partners do not have the same inheritance rights as married spouses. If a common-law partner dies without a Will, the surviving partner does not automatically inherit. Instead, the estate is distributed to the deceased person’s relatives under Ontario law.

For common-law couples, outcomes depend largely on how assets are structured and what arrangements were put in place during life. A surviving partner can receive assets if they are named in a valid Will, designated as a beneficiary on registered accounts, pensions, insurance policies, or hold assets jointly with a right of survivorship. Without these arrangements, there is no automatic entitlement to the estate based on the relationship alone.

A surviving common-law partner may also be able to seek support from the estate if they were financially dependent on the deceased. These claims are separate from inheritance, are not automatic, and involve a court process. The consequences of these claims, if not properly provided for, can devastate relationships.

For a more detailed discussion of how Ontario law treats common-law spouses, including the rights and limitations that may apply, read my previous blog on what common-law spouses are entitled to in Ontario.

Separation and Estate Planning After Relationship Breakdown

Ontario laws do not operate to protect spouses in separation or divorce as it relates to Estate Planning. Your beneficiary for example could be your ex-spouse.

Changing your Will and Power of Attorneys immediately to address the consequences of marital breakdown is one of the most important considerations post-marriage.

Separation is not treated the same as divorce under Ontario estate law. If spouses are separated but not divorced, Ontario law generally continues to treat them as spouses for estate purposes. As a result, a separated spouse may still inherit under a Will, inherit on an intestacy, and continue to hold estate-related roles such as executor, even where the relationship has effectively ended.

That treatment changes only if specific legal conditions are met. Under Ontario law, a separated spouse is treated the same as a divorced spouse for inheritance purposes if spouses have been living separate and apart because of a relationship breakdown for at least three years before death, or if there is a valid separation agreement, court order, or family arbitration award that addresses their rights and obligations. Where those conditions are not met, separation alone does not alter spousal status for estate planning purposes, and existing estate outcomes may continue to apply.

Separation often creates a false sense of finality. Understanding how Ontario law treats separation can help explain why estate outcomes can differ significantly from what people expect. For a more detailed explanation of how separation affects inheritance in Ontario, see my blog on what happens when you are separated but not divorced and your spouse dies.

Powers of Attorney and Marital Status

Estate planning is not limited to what happens after death. Marital status also affects who can make decisions for you if you are alive but incapable.

Without valid powers of attorney, Ontario law applies a default hierarchy of decision-makers in personal care situations only. That hierarchy may not reflect your preferences, particularly in common-law relationships, blended families, or following separation.

Powers of attorney for property and for personal care allow you to choose who will act for you and provide guidance about how decisions should be made. Regardless of marital status, these documents  ensure that decision-making authority rests with the people you trust.

Marital status plays a central role in estate planning in Ontario. The law draws clear distinctions between married and common-law relationships and treats separation and divorce differently depending on the circumstances. Understanding these distinctions allows you to plan intentionally.

An effective estate plan ensures that your legal status and your real-life relationships work together, instead of relying on default rules that can produce unintended results.

Taking the time to plan thoughtfully can provide clarity, protection, and peace of mind for you and the people you care about.

This article is intended for informational purposes only. For personalized advice tailored to your specific circumstance, please reach out to the E is for Estates team.

Erin L. Watson, B.A., JD

Lawyer & Notary Public

E is for Estates