In Canada, spouses must live separately for a minimum of 1 year before qualifying for a no-fault divorce.

The one-year separation period is a mandatory requirement under the Canadian Divorce Act, serving as proof that the marriage has broken down. During this time, spouses must live “separate and apart,” though they may reside in the same home for practical reasons if they maintain separate lives. The separation period begins on the date that both spouses begin living separately with the intention of ending their marriage.

• The one-year period must be continuous, though brief reconciliation attempts totalling up to 90 days are permitted
• Spouses can begin divorce proceedings before the year ends, but the divorce cannot be finalized until the full separation period is complete
• Other grounds for divorce, such as adultery or cruelty, do not require the one-year waiting period