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.