How long do we have to be separated before getting a divorce in Ontario?
Under the federal Divorce Act, the standard ground for divorce in Canada is that the spouses have lived separate and apart for at least one year. This rule applies in Ontario and across Canada. You can file for divorce before the year is up, but the court will not grant it until the one-year period is complete.
There are two other grounds for divorce — adultery and physical or mental cruelty — but they are rarely used in practice because proving them requires more time and money than simply waiting out the year. Most divorcing couples in Ontario rely on the one-year separation period.
One important point: brief reconciliation attempts of 90 days or less do not restart the one-year clock. If you try to reconcile but separate again, the period you already accumulated before reconciliation counts toward the year. If you reconcile for more than 90 days and then separate again, the clock does restart.
Separation and divorce are legally distinct. You are separated the moment you decide to live apart; you are divorced only when a court issues a divorce order. During the period in between, you are still legally married.
Key takeaways
- In Ontario (and Canada), you must be separated for at least one year before a divorce can be granted.
- You can start divorce paperwork before the year ends, but the order issues after.
- Short reconciliation attempts of 90 days or less do not reset the separation clock.
- Separation and divorce are two separate legal events.