Understanding Separation vs. Divorce: Make the Smart Choice

Navigating the complexities of separation and divorce can be challenging. This process can be even more daunting when you need clarification about the specific laws and regulations that apply in your jurisdiction. In this blog post, we’ll clarify the differences between separation and divorce within the context of Ontario law.

Separation is when two individuals living together as a couple decide to live apart. This can occur within a marriage or a common-law relationship. It’s important to note that a legal document or court intervention is unnecessary to establish a separation in Ontario. The act of living separate lives, intending to separate, often suffices.

While there’s no such thing as “legal separation” in Ontario law, the term is commonly used to refer to situations where a couple has lived separately and has formalized certain aspects of their separation with a separation agreement. A separation agreement is a legally binding document that details arrangements about property division, spousal support, child custody, and other related issues.

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.

While separation and divorce are two different legal statuses, they share several similarities. These similarities often involve the resolution of shared responsibilities, financial matters, and parenting considerations. In this section, we will discuss the commonalities between separation and divorce, helping you to understand the process and the implications of each.

Both separation and divorce often involve creating legal agreements that outline the terms of the separation or divorce. These agreements protect each party’s rights and lay out responsibilities. They usually address issues such as child custody and visitation, division of property, and spousal support.

With a separation this agreement is often called a ‘separation agreement.’ In a divorce, the equivalent document is often referred to as a ‘divorce decree,’ which is the final step in the divorce process.

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.