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ARTICLE · 14 MARCH 2023

Can You "Separate" From Your Spouse While Living In A Shared Home?

Watson Goepel LLP
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This article is part of a series of educational blog posts created by a team of Watson Goepel women lawyers in light of International Women's Day 2023, to empower, celebrate, and encourage women in Canada.

CanadaFamily and Matrimonial
Danica Beck
Danica Beck
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This article is part of a series of educational blog posts created by a team of Watson Goepel women lawyers in light of International Women's Day 2023,to empower, celebrate, and encourage women in Canada.

Separation vs Divorce

According to the Divorce Act, a breakdown of a marriage may be established when you and your spouse have 'lived separate and apart' for at least one year. In other words, you may begin the legal process of obtaining a divorce order on the day that you separate from your spouse, although an actual order for divorce will not be granted until one full year has passed from the date of separation.

Therefore, if you want a timely divorce process, it is critical to be clear on what date a legal "separation" occurred.

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