How Do I Prove My Date of Separation in Saskatchewan?

When a relationship ends, partners often remember the end differently. One may say it was when someone moved out; the other may say it was months earlier, or later.

The date can affect your divorce timing, and for some people property and support. This article explains why and what evidence is commonly useful. The details turn on your facts, so a lawyer can confirm how it applies.

This article covers the law of Saskatchewan.

Why the date matters

• Divorce timing: the usual route to divorce is living separate and apart for at least one year immediately before the divorce is determined.
• Unmarried partners: for property purposes, property acquired more than 24 months after cohabitation ended is exempt.
• Wills: for unmarried spouses, a gift to a former spouse in a will is revoked after they have ceased cohabiting in a spousal relationship for at least 24 months, unless the will expressly says otherwise.
• Support: a court looks at each spouse's condition, means, needs and circumstances, including length of cohabitation.

Whether the Family Property Act applies to unmarried partners also depends on cohabiting continuously as spouses for not less than two years. Other time-based rules may apply, so confirm with a lawyer.

What counts as separation

For divorce, spouses are treated as living apart for any period when they lived apart and one of them had the intention to live separate. They can be separate and apart while living under the same roof if one has that intention.

A period of resumed cohabitation of up to 90 days, made mainly to reconcile, does not interrupt or end the separation period. A reconciliation attempt can therefore complicate the date, and it is worth being clear about when it happened.

Evidence courts may look at

Because intention is part of the test, evidence often shows what each of you said and did. Common examples include:

• Texts, emails or letters stating that the relationship is over.
• A lease, rental agreement or change of address showing someone moved out.
• Bank records showing accounts being separated or joint spending ending.
• Tax filings or benefit applications that show your status.
• Statements to friends, family, employers or counsellors, and messages with them.
• Social media posts or photos showing changes in how you lived.
• Witnesses who can describe when your lives became separate.

When you and your ex disagree

Many disputes about the date can be settled through family dispute resolution. Saskatchewan family matters coming to court are required to attempt a family dispute resolution process by the close of pleadings. An exemption can be sought where there has been interpersonal violence, child abduction or other urgency.

Agreements about separation, support, property or parenting are not collusion. How a separation date is decided if you cannot agree depends on your situation, so it is worth confirming with a lawyer.

What to do next

• Write down your own timeline now, while memories are fresh.
• Collect dated messages, statements and documents.
• Avoid sending angry messages that contradict your position.
• Note any reconciliation period and its length.
• Ask your ex to sign a short statement of the agreed date if possible.
• Speak with a lawyer if the date affects property or support claims.

Frequently asked questions