Separation is a physical break between spouses, while divorce legally dissolves the marriage
Under the Divorce Act, separation and divorce represent two distinct stages in the breakdown of a marriage. A legal separation occurs when spouses live “separate and apart,” though they remain legally married. Divorce is a formal court order that legally terminates the marriage.
- Separation does not require court involvement but can include a separation agreement
- Separated couples maintain their legal status as married individuals
- Divorce requires a formal application through the court system
- One year of separation is typically required before filing for divorce in Canada