What is the difference between legal separation and divorce in Ontario?

Legal separation maintains marital status while divorce legally terminates the marriage in Ontario A legal separation in Ontario allows married couples to live apart while remaining legally married. Unlike divorce, separation maintains the marriage's legal status but establishes formal arrangements for important matters like: Child custody and support payments Division of shared property and assets Spousal support arrangements Living arrangements and expenses In contrast, a divorce is a court order that completely dissolves the marriage, allowing both parties to legally remarry. Many couples choose separation first as a stepping stone to divorce, while others remain separated indefinitely for religious, financial, or personal reasons.

Legal Separation vs Divorce in Ontario: Key Differences

Legal separation maintains marital status while divorce legally terminates the marriage in Ontario

A legal separation in Ontario allows married couples to live apart while remaining legally married. Unlike divorce, separation maintains the marriage’s legal status but establishes formal arrangements for important matters like:

Child custody and support payments
Division of shared property and assets
Spousal support arrangements
Living arrangements and expenses

In contrast, a divorce is a court order that completely dissolves the marriage, allowing both parties to legally remarry. Many couples choose separation first as a stepping stone to divorce, while others remain separated indefinitely for religious, financial, or personal reasons.