Legal separation is a recognized marital status in Canada that occurs when spouses live apart with no intention of reconciling

In Canada, legal separation is a distinct marital status that serves as a preliminary step before divorce. When couples separate, they remain legally married but live apart, typically establishing separate households and financial arrangements. The law requires a minimum 12-month separation period before couples can file for divorce, though exceptions exist for cases involving adultery or cruelty.

  • No formal court process is required to become separated
  • Couples can create a separation agreement to outline terms
  • The separation date is important for divorce proceedings
  • Both parties must intend for the separation to be permanent