How do you legally separate in Ontario?
A legal separation in Ontario occurs when you and your former partner (married or common law), are living “separate and apart” due to a “break down in the relationship”. This usually means you are no longer sharing a spousal relationship. This typically involves separating finances, sleeping in separate rooms, no longer sharing meals together etc. Living “separate and apart” does not necessarily mean that you and your former partner must be living in separate homes. You could be living under the same roof, but have separate rooms, meals, finances etc. and still be considered legally separated.
The exact day that you and your partner separate is referred to as the “date of separation” or “valuation date”. This date is important because it may affect the timeline on when you can get divorced. It also affects the date on which property is valued for the purpose of division.
If you and your spouse are unsure about the date of separation or cannot agree on the date, you may consider circumstances surrounding the breakdown of your relationship such as, when you both began to sleep separately, when you stopped sharing sexual relations, when you stopped having meals together, when you stopped going on vacation and attending social events etc.
What is a Divorce?
To legally end your marriage, you need a divorce. In Ontario, a divorce is finalized once the Judge grants a divorce order under the Divorce Act.
To be eligible for a divorce, you must demonstrate a “breakdown of the marriage” which entails one of the following grounds for divorce:
- You and your spouse have lived separate and apart for at least one year
- Your spouse committed adultery
- Your spouse treated you with physical or mental cruelty
Most divorces are granted on the grounds that the parties have been separated for at least one year as it is almost always easier, more cost effective and less time consuming to prove than trying to prove that your partner was unfaithful or that they were physically/mentally abusive towards you.