Legal separation in Canada provides rights to support payments, property division, and shared assets protection.

When legally separating in Canada, both parties maintain specific rights protected under family law. Spousal support may be available to the lower-income partner, while child support is mandatory for children under 18. The law also addresses:

  • Property division – Fair distribution of family assets and debts acquired during marriage
  • Matrimonial home rights – Both spouses have equal right to remain in the family home regardless of ownership
  • Child custody and access – Arrangements for parenting time and decision-making responsibilities
  • Pension and benefits – Division of retirement savings and continuation of health benefits

These rights apply whether you have a formal separation agreement or not, though documenting terms in writing is strongly recommended.