AM 640: Polyamory & Family Law - Featuring Alyssa Bach, Shulman & Partners

In an interview on AM 640, Alyssa Bach, Associate Lawyer at Shulman & Partners LLP, discussed the growing visibility of polyamorous relationships and the legal complexities surrounding them. As family structures evolve, questions around spousal support, child support, and property rights are becoming more nuanced for those engaged in consensual non-monogamous relationships. Alyssa explained how Canadian family law—largely designed for two-partner households—is now being tested by new realities of modern relationships. Her insights underscored how the courts are beginning to adapt to these changes while emphasizing the importance of legal clarity through cohabitation agreements and documentation to prevent disputes later on.

“There’s no rule in Canada against being in a consensual non-monogamous relationship. Where we see issues arise is that the laws surrounding things like spousal support don’t necessarily match the definitions that you would have for a polyamorous relationship.”
— Alyssa Bach, Associate Lawyer at Shulman & Partners LLP

During her appearance, Alyssa shed light on how the increasing prevalence of polyamorous relationships is challenging traditional family law definitions in Ontario and across Canada. Drawing from a 2024 Vanier Institute report that found one in five Canadians have engaged in consensual non-monogamy, Alyssa explained that while these relationships are legal, they often fall outside the legal frameworks that define spousal rights and responsibilities.

She noted that under Ontario’s Family Law Act, a common-law spouse is defined as someone who has cohabited with another person for at least three years, or is in a relationship of permanence and shares a child. In a polyamorous context, that could mean an individual might be legally recognized as a spouse to more than one partner. This opens the door to potential claims for spousal support from multiple partners—an area where case law remains sparse and evolving.

Alyssa also discussed the practical and emotional complexities that can arise when such relationships end. Questions around property division and financial support become even more complicated when multiple partners share assets or contribute to a home. She pointed out that cohabitation agreements—similar to prenuptial contracts—can play a crucial role in defining the nature of each partner’s rights and obligations before conflicts arise. These agreements can help prevent disputes over property ownership or the existence of spousal relationships, which can otherwise lead to lengthy litigation.

Child support adds another layer of complexity. Alyssa explained that Canadian law defines a “parent” broadly, including anyone who has demonstrated a settled intention to treat a child as their own. In polyamorous households, this could mean that multiple adults may bear financial responsibilities for a child’s care, as courts prioritize the best interests of the child over strict biological or marital ties. She cited real-world examples, including a Newfoundland case where three unmarried adults were legally recognized as the parents of one child.

As Alyssa noted, these developments reflect a broader trend: the law’s ongoing evolution to meet the realities of modern relationships. While family law continues to adapt, couples in unconventional arrangements can protect themselves by seeking legal advice and setting clear expectations early on.

Listen to the full AM 640 Radio 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.