Separation vs. Divorce in Ontario: What’s the Difference?

A separation occurs when a couple, whether married or in a common-law relationship, decides to live apart due to the breakdown of their relationship. You are considered legally separated as soon as you and your former partner begin living “separate and apart” permanently.

Living separate and apart can mean:

Each person lives in their own home; or
You both continue living in the same home but lead separate lives, with different rooms, meals, and finances.

While separated, many couples create a separation agreement that outlines their rights and responsibilities. This agreement can cover parenting arrangements, child support, spousal support, and property division.

What Is Divorce?

Divorce is the legal end of a marriage, granted by a court order. While separation can happen immediately, a divorce must go through the formal legal process.

You do not become divorced simply by signing a separation agreement. To legally end a marriage, you must apply to the court for a divorce. However, you can agree within your separation agreement when and how you plan to apply for divorce.

In Ontario, many couples begin with separation and later apply for divorce once they have resolved key issues such as parenting, support, and property. This approach allows time to make informed decisions without rushing into court proceedings.

Legal Separation vs. Divorce: What’s the Difference?

While separation and divorce both involve living apart, the main difference is that divorce legally ends the marriage. A legal separation does not end your marital status—you remain legally married, even if you’ve been separated for years.

Some couples prefer to remain legally separated indefinitely. This can offer certain financial or personal benefits, such as maintaining shared health insurance or for religious reasons. Later, if circumstances change, a legal separation can be converted into a divorce with an Application for Divorce. It may be worth noting that once you are divorced, you cannot reverse it.

What Does the Divorce Process Involve?

To apply for a divorce in Ontario, you must file an Application for Divorce with the court and serve it on your spouse. If you and your spouse agree on all issues, known as an uncontested divorce, the process is typically straightforward and does not require a court appearance.

The divorce process addresses the same issues that can be resolved through a separation agreement, including:

Property division under Ontario’s Family Law Act
Spousal support based on federal guidelines and case law
Child custody and parenting time arrangements
Child support according to federal guideline
Other financial matters such as pensions, insurance, and investments

The Laws That Apply in Ontario

Both federal and provincial laws apply to family matters. The Ontario Family Law Act applies to married and unmarried couples who are separated, addressing property division, child support, spousal support, and parenting arrangements. The Divorce Act applies to couples who are divorced or have applied for divorce, setting out the rules for grounds of divorce, support, and parenting.

TL;DR

You are legally separated as soon as you begin living separate and apart.
Separation agreements can resolve the same issues as a divorce without going to court.
Divorce legally ends a marriage and requires a court application.
Both processes can be handled through family dispute resolution to keep matters respectful and out of court.

Considering Separation or Divorce?

If you’re thinking about separating or want to understand your options for resolving family matters without going to court, speaking with a family lawyer can help you find clarity.