In Ontario, spouses must live separately for at least 1 year before filing for divorce

Under Ontario family law, the mandatory separation period of one year begins from the date when spouses begin living separate and apart. This cooling-off period allows couples to consider reconciliation and make important decisions about their future. During separation, couples can:

  • Create a separation agreement outlining property division, support, and parenting arrangements
  • Live in separate residences or remain under the same roof with separate living arrangements
  • Begin working with legal professionals to prepare divorce documentation
  • Attend mediation or counselling services if desired

The one-year waiting period may be waived only in cases involving adultery or physical/mental cruelty. Most couples use this time to resolve practical matters and prepare for the formal divorce process.