BNN Bloomberg: Common-Law Challenges for Seniors - Featuring Ron Shulman, Shulman & Partners

As Canadians live longer and form new relationships later in life, family law issues affecting seniors are becoming increasingly complex. In an interview with BNN Bloomberg, Ron Shulman, Managing Partner at Shulman & Partners LLP, addressed the growing trend of adult children encouraging their parents to enter into cohabitation agreements. While prenuptial agreements are often associated with younger couples, this conversation highlights how later-in-life relationships can carry significant legal and financial consequences. With grey divorce on the rise and many seniors entering common law relationships after separation or divorce, misunderstandings about property exposure and spousal support are common.

“They think that just by fact they’re not marrying they may not be exposing their assets, they’re immune.”
— Ron Shulman, Managing Partner at Shulman & Partners LLP

During the interview, Ron explains that one of the most persistent misconceptions among seniors entering new relationships is the belief that avoiding marriage automatically protects their assets. In Ontario, this assumption can be misleading. While marriage triggers a formal equalization regime, common law relationships can still give rise to significant legal claims, particularly around spousal support and, in some cases, property interests. Ron emphasizes that simply choosing not to marry does not guarantee immunity from financial exposure.

This issue is especially relevant for seniors who have already experienced divorce and may be entering a second or later relationship with reduced assets. Many retirees rely on accumulated savings to last through retirement, and unexpected legal claims can disrupt carefully planned financial stability. Ron notes that adult children are increasingly stepping in, often urging their parents to formalize arrangements through cohabitation agreements. These concerns are sometimes rooted in genuine care for a parent’s financial security, but they can also be driven by fears about inheritance or ongoing financial support.

A key point Ron makes is that the commonly referenced three year rule is often misunderstood. In Ontario, the three year threshold applies primarily to spousal support, not to all forms of property exposure. Depending on circumstances, claims may arise much earlier than expected. This reality frequently surprises clients who believed that timing alone would shield them from legal obligations.

Ron also addresses the delicate family dynamics that can arise when children become deeply involved in a parent’s new relationship. While he acknowledges that children often have valid concerns, he stresses the importance of setting boundaries. Ultimately, the lawyer’s role is to represent the parent’s interests, not those of adult children. In practice, this may mean asking children to step out of meetings so that parents can speak freely about their goals and expectations.

The interview concludes with Ron’s practical guidance for seniors considering cohabitation. He encourages open, direct conversations between partners about finances and expectations before moving in together, paired with independent legal advice. A well drafted cohabitation agreement can provide clarity, predictability, and stability if the relationship later deteriorates, allowing both parties to understand their rights and obligations without unnecessary conflict.

Watch the full BNN Bloomberg segment here.

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media  archive.