What is the one-year separation rule for divorce in Ontario?

The one-year separation rule means the usual way to prove your marriage has broken down is to live separate and apart for at least one year before the court decides your case. You must also have been living apart when the proceeding started. Spouses count as living separate and apart for any period they lived apart while either one intended to live separately, and only one spouse needs to intend the separation.

Living together again for a total of not more than 90 days, mainly to try to reconcile, does not interrupt the one-year period. The court must be satisfied there is no possibility the spouses will reconcile, and can adjourn the case so they can try if reconciliation seems possible. You do not always have to wait: breakdown can also be proved without waiting a year if the spouse being sued committed adultery or treated the other with physical or mental cruelty that makes living together intolerable. Your spouse does not have to consent, and no minimum length of marriage is required.

How these rules apply to your dates and living arrangements depends on the facts, so confirm with a lawyer before you file.