What Is the Date of Separation in Ontario and Why Does It Matter?
The date of separation is the day your relationship is treated as having ended, and it matters because several rules and deadlines are measured from it. For married spouses, each person's net family property is worked out using property owned on the separation date, minus debts and excluded property.
A court claim for an equalization payment must generally be started within six years after the day of separation, or two years after the divorce becomes final, whichever comes first. For a divorce based on separation, the spouses must have lived separate and apart for at least one year before the divorce is decided. Living together again does not interrupt that year if it lasted no more than 90 days in total and its main purpose was reconciliation.
For unmarried partners, spousal support is available if you lived together as a couple for at least three years, or for any length of time in a relationship of some permanence if you had a child together. If you and your ex see the date differently, gather messages, records and documents that show when things changed, and confirm with a lawyer how the date is likely to be treated.
Key takeaways
- For married spouses, net family property is worked out using property owned on the separation date.
- A court claim for an equalization payment must generally be started within six years after the day of separation, or two years after the divorce becomes final, whichever comes first, and whether any different timing could apply to you depends on your situation, so it is worth confirming with a lawyer.
- Living together again for no more than 90 days in total, mainly to reconcile, does not interrupt a one-year separation.
- Unmarried partners can claim spousal support after living together as a couple for at least three years, or for any length of time in a relationship of some permanence if they had a child together.