Divorce, Parenting or Support in Yukon? Get a Free Answer.
Maybe you've just separated and you don't know where you stand on the home, the children or the money. Maybe you were never married, and you've heard that changes everything — it does, but probably not in the way you think. Yukon family law runs on two layers at once: the federal Divorce Act, which ends a marriage and is the same right across Canada, and Yukon's own Family Property and Support Act and Children's Law Act, which decide property, support and parenting on the ground. The catch most people miss is that property and support follow very different rules depending on whether you were married. Our free Canadian Legal Hotline line is live now: call and get free, plain-English legal information, in your language, from an assistant trained on the Divorce Act, Yukon's Family Property and Support Act and the Children's Law Act. This is legal information, not legal advice — and there's no charge to call.
Free legal information. Not legal advice. Available 24/7 across Yukon.
Family Law in Yukon — what to do right now
Two things people in Yukon get wrong from the start. First, the divorce itself is no-fault and federal: under the Divorce Act the only ground is marriage breakdown, and the usual way to prove it is living separate and apart for one year — you don't need your spouse's consent, and you can even be 'separated' while still under the same roof. Second, and this is the big Yukon point: the equal split of family property under the Family Property and Support Act is for MARRIED spouses only. If you lived common-law, you are not automatically entitled to half — the general rule is that whoever owns an asset keeps it, and you'd have to bring a separate court claim (based on your contributions) to share in something in the other person's name. Common-law partners CAN claim spousal SUPPORT, but that's a different question from property. Call our free line to get free legal information about exactly which rules apply to your situation.
The law in Yukon: Family Law
Family law in Yukon is split between federal and territorial law, and which one applies turns on whether you were married and what you're asking for. The divorce — the legal end of a marriage — is federal, under the Divorce Act, which works the same way everywhere in Canada. The only ground is 'breakdown of the marriage', and in almost every case that is proven by living separate and apart for at least one year (adultery and cruelty exist on paper but are rarely used, because they need proof and don't speed anything up). You can be 'separated' while still living in the same home, and you can file before the full year is up, but the court can't actually grant the divorce until the one year of separation is complete. Up to 90 days of attempted reconciliation does not reset that clock.Property is territorial — and this is where Yukon catches people out. Under the Family Property and Support Act, the right to an equal division of 'family property' (the home, vehicles, savings, pensions and household belongings built up during the relationship) belongs to MARRIED spouses. Common-law partners do not get that automatic equal split. When an unmarried couple separates, the starting point is simply that whoever owns an asset keeps it; an unmarried partner who contributed to property held in the other person's name has to bring a separate claim — typically unjust enrichment or constructive trust — and prove that contribution. That is a real, winnable claim in the right case, but it is not the automatic 50/50 that married spouses get. The family home gets particular attention in married cases, and couples (married or common-law) can sign their own cohabitation or marriage agreement under the Act to set their own rules in advance.
Support and children follow their own paths. Spousal support under the Family Property and Support Act DOES reach common-law partners: the Act's support definition of 'spouse' includes two people who have cohabited continuously for at least 12 months (or who are together in a relationship of some permanence and are the parents of a child). A recent amendment removed an old, unfairly short limitation period that had required separated common-law spouses to apply for support within roughly three months — bringing them closer to the same access married spouses already had. Parenting for unmarried parents (or married parents not seeking a divorce) is governed by Yukon's Children's Law Act, which — unlike the modernised federal Divorce Act — still uses the older words 'custody' and 'access' rather than 'decision-making responsibility' and 'parenting time'; the practical concepts are similar and the test is still the best interests of the child. Child support follows the Federal Child Support Guidelines and their tables. And the Family Violence Prevention Act lets a person in immediate danger get an emergency intervention order, often arranged within 24 hours through a justice of the peace by phone. All of this is general information; how it applies to your facts is a conversation for a Yukon lawyer.
Key Legislation (Federal + Yukon)
- Divorce Act (FEDERAL) — sole ground is marriage breakdown, usually proven by 1 year living separate and apart; uniform across Canada; post-2021 uses 'parenting time' and 'decision-making responsibility'
- Family Property and Support Act (Yukon) — equal division of family property for MARRIED spouses; spousal support extends to common-law 'spouses' (12 months' cohabitation, or a child together)
- Children's Law Act (Yukon) — parenting for unmarried parents; STILL uses the older terms 'custody' and 'access', not the federal 'parenting time' language
- Family Violence Prevention Act (Yukon) — emergency intervention orders, victim's assistance orders and warrants of entry
- Federal Child Support Guidelines — table amount set by payor income + number of children, plus shared special expenses
Courts & Agencies
- Supreme Court of Yukon — the court that grants divorces and hears family property, parenting, and support; it sits in Whitehorse and travels to other communities
- Family Law Information Centre (FLIC) — Yukon government service offering free information and self-help guides for people starting a family court application
- Maintenance Enforcement Program (MEP) — the Yukon program that collects and enforces child- and spousal-support orders
- Yukon Legal Services Society (Legal Aid) — provides a lawyer at no or low cost for eligible parenting, support and protection matters
Key Rules & Distinctions
- 1 year living separate and apart before a divorce can be granted (Divorce Act); you may file earlier
- Equal division of family property = MARRIED spouses only; common-law partners are NOT automatically entitled to half
- A common-law partner shares in property only via a separate unjust-enrichment / constructive-trust claim, by proving contribution
- Spousal support DOES extend to common-law 'spouses' — cohabited 12 continuous months, or in a relationship of some permanence with a child
- The Children's Law Act still says 'custody' and 'access'; the federal Divorce Act says 'parenting time' and 'decision-making responsibility'
The married-versus-common-law property line — the one Yukon mistake that costs the most
Here's what catches unmarried Yukon couples off guard. People assume that living together for years, sharing a home and raising children must mean an equal split when it ends. Under Yukon's Family Property and Support Act, that automatic equal division of family property is for MARRIED spouses — not common-law partners. If you weren't married, the starting point is simply that whoever owns an asset keeps it. You may still have a real claim to share in something held in your partner's name, but you have to bring it as a separate court action — usually unjust enrichment or constructive trust — and prove what you contributed. That's a very different position from the married spouse who is presumed entitled to half. Support is the other side of the coin: common-law partners CAN claim spousal support once they've cohabited about 12 months, and a recent amendment removed the old, unfairly short deadline that used to trip them up. Knowing which side of this line you're on — and what claim you'd actually have to make — is exactly the kind of thing to pin down early. Call our free Canadian line to get that free legal information, in plain English, in your language.
Likely outcomes & penalties
Family law outcomes in Yukon aren't punishments — they're financial and parenting exposures, and several of them turn on one fact: whether you were married. Here's the realistic range of what's at stake.Mistakes to avoid
How it works
Free & low-cost Family Law help in Yukon
If you want to handle part of this yourself, or you can't afford a lawyer, Yukon has free resources — a legal-aid program, public legal education, the courts' own information centre and self-help guides, and victim-protection supports. Start with these.
FAQ — Family Law in Yukon
Do I need a reason to get a divorce in Yukon?
No. The divorce itself is federal, under the Divorce Act, and the only ground is 'breakdown of the marriage' — normally proven by 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 apply. Adultery and cruelty exist in the Act but are rarely used because they require proof and don't make anything faster. Call our free Canadian line to get free legal information on exactly how this applies to you.
I lived common-law in Yukon — do I get half the property?
Not automatically. In Yukon, the equal division of family property under the Family Property and Support Act is for MARRIED spouses. If you were common-law, the starting point is that whoever owns an asset keeps it. You may still be able to claim a share of something in your partner's name — for example through unjust enrichment or constructive trust if you contributed to it — but that's a separate claim you have to bring and prove, not an automatic 50/50. This is the single most important thing to get clear about, and our free line is live now to give you free legal information on it.
If I'm common-law, can I still claim spousal support?
Yes. Spousal support under the Family Property and Support Act does reach common-law partners. The Act treats you as a 'spouse' for support if you cohabited continuously for at least 12 months, or were in a relationship of some permanence and are the parents of a child together. Support can be needs-based or compensatory — for instance where one partner gave up income for the family. A recent amendment also removed an old, unfairly short deadline that used to limit common-law support claims.
What's the difference between property and support if we weren't married?
They're two separate questions, and the answers differ. PROPERTY: common-law partners don't get the automatic equal split married spouses get — you'd have to bring a contribution-based claim. SUPPORT: common-law partners CAN claim spousal support once they've cohabited about 12 months (or have a child together). So 'we weren't married' does not mean 'no claim at all' — it changes the property answer much more than the support answer.
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 federal divorce can be running even though no one has 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.
What happened to 'custody' and 'access' — does Yukon use the new words?
It depends on which Act applies. The federal Divorce Act was modernised in 2021 and now uses 'parenting time' and 'decision-making responsibility'. But Yukon's Children's Law Act — which governs unmarried parents, or married parents not seeking a divorce — still uses the older terms 'custody' and 'access'. The practical concepts are similar, and either way the test is the best interests of the child, but the words and forms you'll see depend on your situation.
How much is child support in Yukon?
Child support follows the Federal Child Support Guidelines, which apply whether you were married or common-law. 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 in proportion to income. Support usually continues to 18, 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 protection if I'm in danger?
Yukon's Family Violence Prevention Act allows an emergency intervention order when family violence has occurred or is likely and a person needs immediate protection. These are often arranged within about 24 hours through a justice of the peace by phone, usually with help from the RCMP or Victim Services, and typically last around 30 days; a longer victim's assistance order is also available. If you are in immediate danger, call 911 first — then look at a protection order as the next step.
Which court handles my family case, and where does it sit?
The Supreme Court of Yukon grants divorces and hears family property, parenting and support. It sits mainly in Whitehorse and travels to other Yukon communities as needed, so depending on where you live a hearing date may depend on when the court is next sitting in your area. The court's website has the family-law rules and forms, including separate statements of claim for divorce and for common-law family matters.
Is this service free, and is it confidential — and what is it exactly?
The 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 — and 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 Yukon-licensed family law lawyer can be booked right on the call for callers who want one.
Yukon family lawyers: join our network
Are you a Yukon-licensed family law lawyer handling divorce, parenting, support, property and family-violence matters? Our Canadian line is live now, and we're building our Yukon network for our live paid-consultation service — connecting callers in Whitehorse and across the territory with vetted local counsel after they've spoken with our assistant. If you'd like to receive matched, consultation-ready referrals in your 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 admin@platfirm.ai.
Sources & further reading
- Family Property and Support Act (RSY 2002, c. 83) — CanLII
- Children's Law Act (RSY 2002, c. 31) — CanLII
- Family Violence Prevention Act (RSY 2002, c. 84) — CanLII
- Divorce Act (RSC 1985, c. 3 (2nd Supp.)) — Justice Laws
- Federal Child Support Guidelines (SOR/97-175) — Justice Laws
- Supreme Court of Yukon — Yukon Courts
Married or not, know where you actually stand.
Whether you've just separated, you're worried about your children, or you need to understand your property and support rights, Yukon family law turns on one question more than any other: were you married? Married spouses share family property equally; common-law partners don't get that automatic split but can still claim support and, in the right case, a contribution-based share of property. The sooner you understand which rules apply to 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 Yukon-licensed family law lawyer can be booked right on the call for those who want one.
Free legal information. Not legal advice.