Date of Living Together (Cohab)

The Date of Living Together, also referred to as Cohabitation Date, is the date when two parties began living together in a marriage-like relationship. This date is important in family law, as it can affect rights and obligations related to spousal support and the division of property.

Definition:

• The Date of Living Together (Cohab) is the day when the couple began cohabiting in a committed relationship that resembles marriage. This is different from the Date of Marriage and may apply to common-law partners or married couples who lived together before marriage.

Steps for Mediators:

1. Determine the exact date when the couple started living together, sharing responsibilities, and acting as partners in a marriage-like relationship.
   • Example: June 1, 2015
2. Ensure both parties agree on this date, as it may have legal implications for determining the length of the relationship and the division of assets.

Why the Date of Cohabitation is Important:

• Spousal Support: The length of time the couple lived together may influence eligibility for spousal support under the Spousal Support Advisory Guidelines. If a couple lived together before marriage, the cohabitation period is typically included when determining the duration of support.
• Property Division: In some cases, the Date of Living Together can affect the division of property, especially if the couple was common-law. This date may also be relevant when valuing the increase in shared assets over time.
• Common-Law Partners: In Ontario, common-law couples do not automatically have the same property rights as married couples, but the Date of Living Together is important when making claims related to unjust enrichment, joint family ventures, or constructive trusts.

How This Date is Determined:

• Mutual Agreement: The couple must agree on when they started living together in a marriage-like relationship.
• Significant Life Changes: The date may be marked by events such as moving into a shared residence, combining finances, or publicly identifying as partners.
• Documentation: In some cases, the couple may have records (e.g., lease agreements, utility bills) that show when they began living together.

Why This Matters:

The Date of Living Together plays a key role in legal matters, especially in cases of spousal support and property division. Knowing the exact date helps mediators and legal professionals calculate the length of the relationship, which impacts financial decisions and legal rights during separation.