Dating After Separation in Ontario: Does a New Partner Affect My Case?

Many people start seeing someone new before their separation is finalized. It is natural to worry that a new relationship will damage your divorce, cost you support, or affect time with your children. Much of what circulates about this is myth.

This article explains how Ontario law generally treats dating after separation, and where the real risks lie. It is general information, not advice on your situation, and the details of your agreement or order can change the answer.

Dating and the divorce itself

A divorce is granted on the ground of marriage breakdown. That is proven by the spouses having lived separate and apart for at least one year immediately before the divorce is determined, or by the other spouse's adultery or physical or mental cruelty making continued cohabitation intolerable.

So adultery is one possible ground, but it is not required. You can apply on the one-year separation ground if you are living apart when you apply, though the couple must have lived apart at least one year before the divorce is granted. Adultery and cruelty claims can be filed at any time.

Spouses are treated as living separate and apart for any period they lived apart and either intended to. Dating someone new does not, by itself, change that. What can matter is getting back together with your spouse: a separation is not interrupted by resumed cohabitation totalling not more than 90 days with reconciliation as its primary purpose.

Myths about fault, adultery and money

Please note that the last row is a summary of how equalization works: the spouse with the lesser net family property is entitled to one-half the difference between the two. Unequal division is limited to cases where an equal split would be extremely unfair.

Spousal support and a new relationship

Spousal support is not automatic. You may qualify if you were married, lived together as a couple for at least three years, or had a child together in a relationship of some permanence, and you show a need and the other spouse's ability to pay, or have an agreement providing for support.

Amount and duration are set by negotiation in a separation agreement or by a judge, considering income difference, child care, age and health, and roles in the relationship. When making a spousal support order, the court shall not take into consideration any misconduct of a spouse in relation to the marriage.

What can matter is your own paperwork. If an agreement or order says spousal support ends on the recipient's remarriage, it ends on that basis. Whether simply dating, or later living with someone, affects support depends on the specific wording of the agreement or order, so have a lawyer read yours.

To change a spousal support order, a court must be satisfied that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the order was made or last varied.

Dating and parenting

Parenting applications are decided on the child's best interests, and the court considers all of the child's needs and circumstances.

When and how to introduce a new partner to your children depends on your family's situation, so it is worth confirming with a lawyer. Think about it in terms of your children's needs and stability, and check whether your agreement or order says anything on the subject.

• Wait until the relationship is established and your children have had time to adjust to the separation
• Introduce your partner gradually, in low-pressure settings
• Do not use the new partner to replace or sideline the other parent
• Avoid social media posts that could inflame the other parent or be used against you
• Keep parenting-time handovers calm and child-focused

What to do next

If you are separated and seeing someone, focus on keeping your legal position clean and your family stable.

• Write down your separation date and keep records of when you began living apart
• Read your separation agreement or order for clauses on support ending or changing
• Keep new-relationship expenses and household finances well documented
• Get legal advice before signing any agreement; it is recommended even though you do not need a lawyer to make one
• Speak to a family lawyer if the other parent threatens to use your relationship in court

Frequently asked questions