What Spouses Are Entitled To

Spouses play a central role in estate planning, but what they are legally entitled to can vary depending on your marital status, whether there is a valid Will, and where you live in Canada. These rules can be generous, limited, or even non-existent in the case of common-law partners—making it essential to understand and plan for the specific laws that apply to your situation.

How Spousal Inheritance Varies by Legal and Family Situation

Whether a spouse is married or common-law, their inheritance rights change dramatically depending on whether a valid Will exists and what province they reside in. The chart below outlines general trends, but provincial laws and personal circumstances must always be reviewed in detail.

Scenario	Spouse’s Entitlement
Married, with a valid Will	Inherits what is designated in the Will. May be eligible to challenge if left inadequate support.
Married, no Will (intestate)	Receives a preferential share (e.g. $350,000 in Ontario), then shares balance with children, if any.
Common-law, with a valid Will	Inherits what is designated in the Will. Should be named explicitly to ensure legal recognition.
Common-law, no Will (intestate)	May receive nothing automatically, depending on the province. Must apply as a dependant in many cases.
Married, excluded from Will	May claim an equalization of property or file a Dependant’s Relief Claim for support.
Separated but not divorced	May still qualify as a spouse in some provinces unless a separation agreement or new legislation states otherwise.

Tip: In provinces like Ontario, common-law spouses are not considered “spouses” under intestacy law, which means they have no automatic right to inherit. Always use a Will to ensure they are protected.

Why Legal Status and Planning Shape Spousal Rights

Even though married spouses have strong default protections under Canadian law, relying solely on these laws can lead to confusion, delays, or unintended outcomes. Common-law partners, meanwhile, must be proactively included in a Will to receive anything unless they qualify as dependants under provincial law.

Factors that influence a spouse’s rights include:

Whether there is a legal or common-law relationship
Whether the couple was separated at the time of death
Whether children are involved, and if they are shared or from previous relationships
Whether the surviving spouse is financially dependent on the deceased

Important: Spouses who are excluded or underprovided for in a Will may still make legal claims, especially if they can show financial dependence or a long-standing relationship.

How Optimize Helps You Protect Your Spouse

At Optimize, we help you make sure your spouse—whether married or common-law—is included in your estate plan in a way that reflects your relationship and the laws of your province. We help you plan for clarity, fairness, and long-term protection.

Our support includes:

Drafting Wills that clearly name and protect your spouse
Reviewing provincial rules and risks
Coordinating estate, financial, and tax planning across relationship types
Guiding you through updates after marriage, separation, or family changes

We help you write a plan that reflects not just the law—but your real life.

Why Clarity About Spousal Rights Is Essential

Whether you are married or not, your estate plan should match your relationship. Without it, your partner could face legal battles, delays, or exclusion from your estate.

Do not leave this to chance. Know what your spouse is entitled to. Make your choices clear. And protect the person you have shared your life with.