What is Legal Separation?

When a marriage isn’t working out, and a couple is ready to move on from the relationship, many people automatically assume that divorce is the next step in ending the marriage. There is a law in Ontario that states couples must be legally separated for at least one year before they can file for divorce. So, what is a legal separation? Here’s what you need to know.

What is a legal separation?

In Ontario, a separation agreement is a document which allows couples to live “separate and apart” without having to go through the whole process of ending their marriage – or getting divorced.

Does this mean one spouse has to move out of the family home?

In many cases, one spouse (or both) will choose to move out of the family home to make the transition to separated life easier for everyone. However, it is not required for anyone to leave home.

Some legally separated couples choose to still live under the same roof to make life easier. This could be for childcare or economic needs.

What constitutes a separation?

When determining if a couple is legally separated, a court may look at several factors surrounding the couple’s life. This could include whether they share a bedroom and have sexual relations, if they attend social functions or gatherings, if they share household chores and maintenance, or if they continue to accommodate each other’s schedule.

The outcome will be different for each couple as every relationship is different. The court will want to examine the couple’s life to determine if they are separated.

Why does legal separation matter?

The date of legal separation is significant because it is the date used to determine the valuation of all property that is to be divided between the spouses.

So, if, for example, one spouse suddenly came into a lot of money, it would be essential to determine if they had the money before or after separation to see if the other spouse is entitled to any share of it.

When should you consider a legal separation?

There are times when separation may be beneficial for married couples. Separation agreements in Ontario allow couples to take some time apart without ending their marriage, and they also allow for couples to cohabitate again to reconcile their marriage – as long as the cohabitating doesn’t last for more than 90 days.

Related article: Understanding The Marital Separation Agreement 

Shouldn’t you just get a divorce?

There are many reasons why a divorce isn’t the right thing for some couples just yet. They may need time to figure out if a divorce is what they want and may even reconcile after some time apart.

Additionally, couples can stay legally separated for years without going through the final divorce process. Being legally separated in Ontario means that couples can live as though they are single without legally ending their marriage.

Contact Fine and Associates for legal advice and free consultation

If you have questions about ending your marriage and if you should file for a legal separation, it is best to retain legal counsel. At Fine and Associates, we can review your situation and advise you on how to make the best decision for you.

Call us today for a free initial consultation to speak to one of our family lawyers in Toronto.