What is the difference between being separated and being divorced in Ontario?

Separation and divorce are distinct legal states. When you separate, you and your spouse decide to live separate and apart with the intent to end the marriage. No court order or paperwork is required to be legally separated in Ontario — the status arises from the fact of living apart. Importantly, you remain legally married while separated, which affects your rights to your spouse's estate, certain benefits, and your ability to remarry.

Divorce is a formal court order that legally ends your marriage. Once a divorce is granted and takes effect (31 days after the order), you are no longer married and are free to marry someone else. Your rights as a spouse for estate purposes also end at that point unless a will or contract says otherwise.

Many of the practical issues — dividing property, spousal support, parenting, child support — can be and often are resolved by a separation agreement without ever going to court for a divorce. Some couples stay legally separated indefinitely if divorce is not a priority. However, if you want to remarry or need the finality that comes with a court order, you will need to go through the divorce process.