What counts as being separated in Nova Scotia?
This answer covers the law of Nova Scotia.
You are treated as separated for divorce purposes when you and your spouse live apart and at least one of you intends to live separate and apart. One spouse's intention is enough, so the other does not have to agree.
That matters because the usual way to show a marriage has broken down is to have lived separate and apart for at least one year immediately before the divorce is decided, and to have been separated when the proceeding started. A short try at reconciling does not necessarily restart the clock: living together again for no more than 90 days in total, mainly to attempt reconciliation, does not interrupt or end the year. The Divorce Act also allows breakdown to be shown without waiting a year in cases of adultery or cruelty that makes living together intolerable.
Your separation date can also be relevant to property and support, but how much depends on your circumstances and which law applies. If you are unsure about a date, a living arrangement, or whether you were married, a lawyer can confirm where you stand.
Key takeaways
- Spouses are treated as separate and apart for any period when they lived apart and either of them intended to live separate and apart.
- One spouse's intention is enough, so your partner does not need to share your view for the separation to count.
- Living together again for no more than 90 days in total, mainly to attempt reconciliation, does not interrupt or end the one-year separation.
- How your separation date affects property and support depends on your facts, so confirm it with a lawyer.