Is Separation the Same as Divorce in Ontario?
No. Separation and divorce are different things: separating means a couple stops living together as a couple, while divorce is a court judgment ending the marriage, and Ontario law does not require you to divorce after separating.
Rights and duties continue after separation. In Ontario, the Family Law Act and the Children's Law Reform Act deal with support and parenting for married couples who separate without divorcing, and for unmarried couples. Married spouses generally share property acquired during the marriage equally, except most gifts and inheritances or very special cases, while common-law partners have no legal duty to split property. Claims for an equalization payment generally must be started in court within six years after separation, or two years after the divorce becomes final, whichever comes first. Confirm your deadline with a lawyer.
Divorce has its own rules. The only ground is breakdown of the marriage, which can be shown by living separate and apart for at least one year. You can apply before the year is up if you are living apart, but the year must pass before the divorce is granted. The one-year wait does not apply to a divorce based on adultery or cruelty. A divorce usually takes effect on the 31st day after the judgment.
Key takeaways
- Divorce is not required after separating, and Ontario law still deals with support and parenting for couples who separate without divorcing.
- Married spouses generally share property acquired during the marriage equally, except for things like most gifts and inheritances or very special cases, while common-law partners have no legal duty to split property.
- You can apply for a divorce before the one-year separation has passed if you are living apart when you apply, but the year must have passed before the divorce is granted.
- A divorce usually takes effect on the 31st day after the judgment granting it.