Separation is a physical parting while divorce legally ends the marriage in Ontario
Legal separation occurs when married spouses begin living separately with the intention to end their relationship. This arrangement can be temporary or permanent, and no court application is required. During separation, couples remain legally married but live apart, often creating a separation agreement to outline responsibilities and arrangements.
A divorce is the formal, court-ordered dissolution of a marriage that legally ends the union. In Ontario, you must be separated for at least one year before applying for divorce, unless you can prove adultery or cruelty.
- Separation does not require court involvement
- Divorced couples are free to remarry
- Separation agreements can address custody, support, and property division
- Both separated and divorced couples can receive spousal support