Maybe you've just separated and don't know where you stand on the house, the children or the bills. Maybe you were never married, and someone told you that means you get nothing — in the Northwest Territories, that is often wrong. NWT family law runs on two layers at once: the federal Divorce Act ends a marriage, while the territory's own Family Law Act and Children's Law Act decide property, support and parenting. And the NWT does something most provinces do not — it can give common-law partners the same property-sharing rights as married couples. Our free Canadian Legal Hotline line is live now: when you call, you can get free, plain-English legal information, in your language, from an AI assistant trained on the Divorce Act, the NWT Family Law Act and the Children's Law Act. Ask as many questions as you like. This is legal information, not legal advice — and there's no charge to call.
Free legal information. Not legal advice. Available 24/7 across Northwest Territories.
Two things people in the Northwest Territories get wrong from day one. First: you do not need your spouse's agreement, and you do not need to prove anyone was 'at fault'. Under the federal Divorce Act the only ground for divorce is breakdown of the marriage, and the usual way to prove it is living separate and apart for one year. Second — and this is the big one in the NWT — you may have property rights even if you never married. The NWT Family Law Act defines a 'spouse' to include people who lived together in a conjugal relationship for at least two years, or who are together the parents of a child. That definition runs through both the property-sharing rules and the spousal-support rules, so a long-term common-law partner in the NWT can be entitled to a share of property and to support — something common-law partners in most other provinces do not get. There are also two-year deadlines that can quietly close those doors. Call our free line to get free legal information about exactly which rules and deadlines apply to you.
Here's what catches people off guard in the Northwest Territories. In most of Canada, if you never married, you have no automatic right to split property when you separate — you'd be left arguing trust or unjust enrichment. The NWT is different. The Family Law Act defines 'spouse' to include people who lived together in a conjugal relationship for at least two years, or who are together the parents of a child, and that definition runs straight through the property and support rules. So a long-term common-law partner here can be entitled to half the growth in net family property and to spousal support. The flip side is the deadline: an equalization claim must be brought before the earliest of two years after divorce, two years after separation, or six months after probate — and a support claim cannot be started more than two years after separation. People assume that as long as they're 'still sorting things out' the door stays open, and then a two-year mark passes. Knowing whether you qualify as a 'spouse', and which clock is closest, is exactly what to pin down early. Call our free Canadian line to get that free legal information, in plain English, in your language.
If you want to handle part of this yourself, or you can't afford a lawyer, the Northwest Territories has free and low-cost resources — territorial legal aid with family duty counsel, the courts' own information and forms, a lawyer directory, and family-violence supports. Start with these.
I'm common-law, not married — do I get a share of the property in the NWT?
Often, yes — and this is where the Northwest Territories differs from most of Canada. The NWT Family Law Act defines a 'spouse' to include people who lived together in a conjugal relationship for at least two years, or who are together the parents of a child. That definition runs through the property-sharing rules, so a qualifying common-law partner can be entitled to an equal share of the growth in net family property — something common-law partners in provinces like Ontario or Alberta do not automatically get. Whether you qualify is fact-specific, so it's worth getting clear information. Call our free Canadian line to get free legal information on exactly how this applies to you.
Do I need a reason to get a divorce in the Northwest Territories?
No. Under the federal Divorce Act the only ground is 'breakdown of the marriage', and the normal way to show that is living separate and apart for one year. You don't have to prove your spouse did anything wrong, and you don't need their consent — one person can get the divorce. Adultery and cruelty are technically available but rarely used, because they require proof and don't make anything faster. Call our free line to get free legal information on how this applies to you.
Can I be 'separated' if we still live in the same house?
Yes. You can be legally separated while living under the same roof — for example sleeping in separate rooms, running separate finances and no longer living as a couple. The one-year separation clock for a divorce can be running even though you haven't physically moved out, which matters because many people don't realise their clock has already started. The details can be fact-specific, so it's worth confirming where you stand.
How is property divided when a relationship ends in the NWT?
The Northwest Territories uses 'equalization of net family property' under the Family Law Act. Each spouse works out the growth in their net worth from the start of the relationship to the valuation date — usually separation — and the spouse with the larger figure pays the other half the difference (section 36). Because the Act's 'spouse' definition includes qualifying common-law partners, this can apply whether or not you were married. The family home is also protected so both spouses can live in it until the issue is resolved. Call our free line for free legal information on how this works.
Is there a deadline to claim my share of property?
Yes. Under the Family Law Act an equalization claim must be brought before the earliest of two years after a divorce or nullity, two years after the date of separation, or six months after probate where the claim is against a deceased spouse's estate. Miss it and you can lose the claim. The two-year-from-separation date catches people out, so it's important to know which date is closest to running out for you.
Can a common-law partner claim spousal support here?
Yes, if they meet the definition of 'spouse'. The Family Law Act provides for spousal support to married spouses and to common-law partners who lived together for at least two years or who are together the parents of a child. Support is decided on need and on the economic advantages and disadvantages flowing from the relationship, and the Spousal Support Advisory Guidelines are often used as a non-binding reference for the range. A support claim generally has to be started within two years of separation. Call our free line for free legal information about how this might apply to you.
What happened to 'custody' and 'access' — does the NWT use the new words?
It depends on which law applies. The federal Divorce Act was modernised on March 1, 2021, replacing 'custody' and 'access' with 'decision-making responsibility' and 'parenting time', so those new words are used when married parents divorce. The NWT's own Children's Law Act — which governs unmarried parents — still uses the older language of 'custody' and 'access'. Both systems decide everything by the same test: the best interests of the child. The two sets of words can be confusing, and which applies to you depends on your situation.
How much is child support in the NWT?
Child support follows the Federal Child Support Guidelines. There's a table amount based on the paying parent's income and the number of children, and on top of that, special or extraordinary expenses — childcare, significant medical or dental costs, certain activities — are shared between the parents in proportion to income. Support usually continues to the age of majority, and can continue longer if the child is in full-time school or can't support themselves. A real number needs your actual figures, which the free line can help you understand.
How do I get a protection order if there's family violence?
Under the NWT Protection Against Family Violence Act, a person facing family violence — including a spouse or former spouse, someone they have lived with in an intimate relationship, or a co-parent — can apply for an emergency protection order, sometimes urgently. These orders can require the other person to stay away and can grant exclusive use of the home, and they are reviewed by the Supreme Court. Breaching a protection order is an offence. If you're in immediate danger, call 911 first.
Which court handles my family case in the Northwest Territories?
The Supreme Court of the Northwest Territories is the superior court and the only court that can grant a divorce or order equalization of property; it sits in Yellowknife and travels on circuit to communities across the territory. The Territorial Court can deal with support and some family matters but cannot grant a divorce or divide property by equalization. Because the court travels on circuit, timing can depend on when it next sits in your community — the free line can help you understand the steps and the realistic path for your situation.
Is this service free, and is it confidential — and what is it exactly?
Yes — our Canadian Legal Hotline line is live now, the call is free, with no income test and no web form, and help is available in your language. You can ask as many questions as you like. To be clear about what it is: Legal Hotline gives legal information, not legal advice, and the call creates no lawyer-client relationship — we're not a law firm and not legal aid. A paid consultation with a Northwest Territories-licensed family law lawyer is coming soon, so if your case needs one we'll be able to help you arrange it.
Are you a Northwest Territories-licensed family law lawyer handling divorce, parenting, support, property division or family-violence matters? Our free Canadian line is live now, and we're building our NWT network ahead of launching paid consultations — so we'll be able to connect callers across Yellowknife, Hay River, Inuvik, Fort Smith and the smaller communities the courts reach on circuit with vetted local counsel after they've spoken with our assistant. If you'd like to receive matched, consultation-ready referrals in your region and practice area, join our network. This is a path for lawyers only — it does not change the free, no-obligation help we give callers.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].
Whether you've just separated, you're worried about your kids, or you were never married and don't know your rights, Northwest Territories family law has a distinctive twist: it can give common-law partners the same property and support rights as married couples — but only if you qualify, and only if you act before a two-year deadline passes. The sooner you understand whether you're a 'spouse' under the Family Law Act and which clock is ticking for you, the more options you keep. Our free Canadian Legal Hotline line is live now: call to get clear legal information about your situation, free, in your language, with no charge and no lawyer-client relationship — and a paid consultation with a Northwest Territories-licensed family law lawyer is coming soon if you want one.
Free legal information. Not legal advice.