Legal separation in Ontario does not require formal court filing or documentation

In Ontario, legal separation occurs automatically when spouses begin living apart with the intention to separate. Unlike divorce, there is no formal filing process or court application required. However, couples may choose to create and file a separation agreement with the court to document important decisions about:

  • Child custody and support arrangements
  • Division of property and assets
  • Spousal support obligations
  • Living arrangements and expenses

While filing a separation agreement is optional, having a written document can provide legal protection and clarity for both parties during the separation period.