What is separation in Canada?

Separation is when married spouses live apart while remaining legally married in Canada Legal separation in Canada occurs when married partners choose to live separately without divorcing. This arrangement requires the couple to live "separate and apart" for a minimum period, typically serving as a transition phase before divorce or as a long-term arrangement for couples who prefer not to divorce. A legal separation involves: Living in separate residences or maintaining separate living spaces within the same home Managing independent financial affairs Creating a separation agreement to address important matters like property division and support Maintaining legal marriage status while living independently Unlike divorce, separation does not legally end the marriage, allowing couples to reconcile or maintain certain benefits while living apart. Many couples use the separation period to evaluate their relationship or meet the mandatory one-year separation requirement for divorce in Canada.

Legal Separation in Canada: Key Facts & Agreements

Separation is when married spouses live apart while remaining legally married in Canada

Legal separation in Canada occurs when married partners choose to live separately without divorcing. This arrangement requires the couple to live “separate and apart” for a minimum period, typically serving as a transition phase before divorce or as a long-term arrangement for couples who prefer not to divorce.

A legal separation involves:

Living in separate residences or maintaining separate living spaces within the same home
Managing independent financial affairs
Creating a separation agreement to address important matters like property division and support
Maintaining legal marriage status while living independently

Unlike divorce, separation does not legally end the marriage, allowing couples to reconcile or maintain certain benefits while living apart. Many couples use the separation period to evaluate their relationship or meet the mandatory one-year separation requirement for divorce in Canada.