How to Prove Your Date of Separation in British Columbia

Many people assume separation is a formal step with a certificate or filing. In British Columbia it is not, which is why the date itself is sometimes disputed. One spouse may say the relationship ended last spring, and the other may say it ended last fall.

This article explains how separation is understood, what kind of evidence a court may consider, and why a few months either way can matter for property, support and divorce.

This article covers the law of British Columbia.

What counts as separation

BC government guidance says there is no such thing as a "legal" separation. If a couple in a marriage or marriage-like relationship stops living together, they are separated. They can also be separated under one roof if a clear intention of permanent separation has been communicated and acted upon.

The Family Law Act says the same: spouses may be separated despite continuing to live in the same residence, and the court may consider evidence such as one spouse communicating to the other an intention to separate permanently. A spouse under the Act includes a former spouse.

Evidence that may help

The central question is usually when one spouse made the decision clear and the couple's lives changed to match. The Act points to communication of an intention to separate permanently, and government guidance adds that the intention must be acted upon. How a court weighs any particular piece of evidence depends on the facts, so the list below is a set of ideas rather than a guarantee of what a judge will accept.

• Messages, emails or letters where you told your spouse the relationship was over.
• Moving out, or moving into a separate bedroom, and when it happened.
• Changes to bank accounts, bills, benefits or tax filings that reflect two households.
• Dated notes, calendar entries or a diary written at the time.
• Statements from friends, family or others who were told at the time.
• Rental agreements or other records showing a new address.

Which records matter most depends on your situation, so it is worth confirming with a lawyer. If you are still in the same home, keep a record of what you said, when, and how your daily arrangements changed.

Why the date matters

For married spouses, the 2-year period for those claims runs from the divorce judgment. A married person claiming spousal support under the federal Divorce Act has no time limit, whereas the two-year limit applies under the Family Law Act. Child support and parenting claims are not subject to that two-year limit.

Reconciliation can change the picture

Trying again does not always erase a separation, and two different rules apply. For divorce, spouses are deemed to have lived separate and apart for any period during which they lived apart and either intended to live separate and apart, and resumed cohabitation totalling not more than ninety days does not interrupt the period.

For property division under the Family Law Act, spouses are not considered to have separated if, within one year after separation, they begin to live together again with the primary purpose of reconciling and continue to live together for periods totalling at least 90 days. If the reconciliation totals less than 90 days, or the primary purpose was not to reconcile, that rule does not apply and the original separation date stands for property purposes. These two 90-day rules are separate and should not be mixed up.

What to do next

• Write down the date you believe you separated and why, while it is fresh.
• Collect messages, emails and records that show the decision and the change in living arrangements.
• Note any periods of living together again, with dates and the reason.
• Check the deadlines that may run from your separation date, including the 2-year limit for property and spousal support claims.
• Speak to a lawyer if the date is disputed, since the right date can affect several claims at once.

Frequently asked questions