Legal separation allows married couples to live apart while maintaining their married status and establishing formal arrangements.

In Canada, legal separation occurs when married spouses decide to live separately without divorcing. Unlike divorce, separation maintains the marriage’s legal status while allowing couples to formalize important arrangements. A separation agreement typically outlines:

• Child custody and parenting arrangements
• Division of property and assets
• Spousal and child support obligations
• Management of shared debts and expenses

While no court application is required to separate, having a formal separation agreement drafted by a lawyer helps protect both parties’ rights and establishes clear expectations. In Canada, couples must be separated for at least one year before they can apply for divorce, making legal separation an important first step in the divorce process.