How to separate in Ontario – what you need to know

No matter how easy it may look to an unaffected observer, getting a divorce can be a painful experience. Even if you find that you can’t continue in the marital relationship with your spouse, the decision to end things can be traumatic. After all, you did promise each other “forever”. However, when circumstances make it impossible for you to keep that promise, then you have to do the next right thing. 

But what if you can’t face the decision to divorce your spouse? What if you see the idea of divorce as too final and a step you are not sure you are ready to take? If this is you, then you may want to consider trying separation for some time. Fortunately, one of the grounds of getting a divorce in Ontario is living separately and apart from your spouse for one year or more. 

Another interesting thing about separation is that neither you nor your spouse needs to move away from home if you don’t want to. You can be under the same roof and still be living separately and apart. However, you and your spouse must live as though you are no longer married before the courts consider you legally separated. In light of this, you must have stopped the following:

• Communicating with each other
• Eating together
• All forms of sexual relations
• Participating in the same events and activities as a couple
• Sharing assets and finances as a couple
• Handling household responsibilities together as a couple

This article shares further insights on how to separate in Ontario, including the several legal issues that will crop up when you and your spouse decide to separate. You will also learn how a settlement agreement can help you resolve these issues, thus avoiding severe conflicts between you and your ex later. For the best outcome in your legal separation, contact us at Divorce the Smartway today. We understand the emotional turbulence that comes with getting a divorce and are committed to helping you get your separation in a civil and mutually beneficial way.

Because of the pain and emotional upheaval that typically comes with a separation, it is understandable if you want to pay back your spouse for every moment of heartbreak you endured leading up to the separation. However, this will be a bad idea because not only will it make it more challenging to move past your divorce; it may also expose you to litigation and additional legal fees. 

Thus, try not to do the following during separation:

• Become violent with your spouse or threatening them: as tempting as it may be to cause your spouse a world of hurt, don’t do it. Becoming threatening or violent will impact your rights during the divorce, especially with parenting arrangements. Additionally, your spouse may sue you for assault, causing you to need a criminal lawyer as well.
• Involving the children in the conflict: no matter how bad the situation gets between you and your spouse, it does not negate that they are still a parent to the children. Dragging them into the conflict or making them take sides will damage the children and their relationship with the both of you.
• Making sudden changes to your family’s financial situation: now is not the time to deplete joint back accounts and abuse joint credit accounts. If you do so, the courts will regard your actions as unconscionable and may punish you for them.
• Making significant decisions without speaking to your lawyer: your lawyer counsel you and let you know whether those decisions will benefit your case or not.

Deciding who pays the bills during separation can be difficult, especially because you are supposed to be living separately and apart. Typically, the answer to this question is that the person paying the bills before the separation should keep paying the bills after the separation until you have an enforceable settlement agreement. Also, if you and your spouse had always split the bills, you should continue this until you have both agreed on the necessary changes.

Dealing with separation when you are the one that wants it is emotionally challenging, but dealing with it when you don’t want it is much more traumatic. When dealing with a separation you don’t want, you may try for reconciliation. You can suggest you and your spouse go for counseling. Your lawyer will be able to provide you with information about marriage counseling or guidance facilities. These facilities will help you determine whether you and your spouse still have a chance of coming back together.

If you and your spouse are living apart without being legally separated, then you may merely be separated. This means that your period of living apart may not count towards an eventual divorce. 

Also, you would still have marital responsibilities towards your spouse during the period of living apart, if you are not legally separated. This can raise serious issues in the event of a divorce, especially if the decision to live apart was not mutual. 

There’s no straight answer to this question. Dating while legally separated may lead to complications if you choose to get a divorce. Your spouse could raise claims of adultery on that fact. 

However, if you and your spouse have agreed that you can see other people while legally separated, this may not be a problem. In either case, it will pay off to seek legal advice before you start seeing other people while legally separated. 

Definitely. Even though the law uses the term “separate and apart”, you can live separate and apart under the same roof. Many couples already do this to financially support housing and living costs and their childern. 

So long as you do not have sex with your spouse or do any of the things that would make a court determine there was no legal separation, you can live together. 

The Divorce Act also allows couples to resume cohabitation for the purposes of reconciliation without interrupting their legal separation. The cohabitation must not span more than 90 days though. 

At its most basic, legal separation does not cost you or your spouse anything. There is no legal process involved in deciding to legally separate. You and your spouse can do this on your own. 

However, drafting a legal settlement agreement will cost you some money. Professionals such as lawyers and divorce mediators can help you draft the agreement, although they may charge differently.

Sometimes, spouses make hasty decisions concerning their marriages leading to either divorce or separation. If your marriage seems to be going through a rough patch, you can both take some time off to reevaluate your relationship. If you wish to stay apart but still want to be legally married, you can seek separation in court. 

In terms of separation, the couples can decide to sign a settlement agreement terms that puts both parties apart. They will start living separately while the court gives the order of separation of their finances, marital assets & debts, child support, child custody, and spousal support. In terms of divorce, everything is shared and in some cases, one may be awarded the highest percent.  

The difference between divorce vs. separation is that, in divorce, you are no longer legally married to each other and are free to get married to someone else. While in a legal separation, you are not able to remarry and must indicate your new status when filling forms.  

Marriage isn’t a bed of roses and every person has their breaking point. Except, on the grounds of infidelity, abuse, and so on, you can decide to work things out by living separately or ending the relationship and going for a divorce. Separation gives your kids some closure but divorce can seem devastating to them and this may affect their emotions.

This is a matter of personal preferences. Some spouses’ religious or personal beliefs may forbid them from divorce and so they opt for a legal separation that may allow them to remain married but living separately. Legal separation still allows them some benefits while still married to each other. 

They can still find time to resolve their issues while looking forward to what the future holds for them. The legal separation still has a good effect on your kids as you both remain married but a divorce can not be undone.

In a legal separation, spouses can move on independently from their marriage without having to go through the divorce process. The legal separation allows spouses to provide health care benefits, social security benefits, tax benefits, and even pension benefits. If you want more information on how the legal separation can impact you, you can contact an experienced lawyer in the field.