Separation is living apart, while legal separation is a formal agreement documented through legal channels
In Ontario, separation simply means that spouses have started living separately with the intention to end their relationship. A legal separation, however, involves creating a formal, legally-binding document that outlines specific terms and arrangements.
A legal separation agreement typically addresses:
- Child custody and parenting arrangements
- Division of property and assets
- Spousal and child support obligations
- Debt responsibilities
- Insurance and benefits considerations
While couples can be considered separated without any formal documentation, having a legal separation agreement provides clear terms and protection for both parties. This document can also serve as a foundation if the couple later decides to divorce.