What does 'separation' actually mean under Ontario law?

In Ontario, "separation" does not require any formal court filing or government registration. A married couple is considered separated from the date they begin living separate and apart with the intention that the relationship is over. You do not need a judge's order, a signed document, or even a lawyer to be legally separated.

Separation is significant because it starts the clock on several legal timelines. For divorce under the federal Divorce Act, you generally need to have been separated for at least one year. For property claims under the Family Law Act, the "valuation date" — the date used to calculate what each spouse owes the other — is typically the date of separation.

Common-law couples in Ontario can also separate, and the concept works the same way: one or both partners decides the relationship has ended and they begin living apart with that intention. There is no minimum separation period required before common-law partners can divide property or go to court.

If you are unsure whether your circumstances qualify as a legal separation, speaking with a family lawyer can help you identify the exact date and understand what rights it triggers.