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ARTICLE · 04 NOVEMBER 2024

What Is The Difference Between Separation And Divorce In Ontario?

Nelligan Law
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Separation can occur between married spouses and unmarried (or "common law") spouses. Divorce, on the other hand, is the legal termination of a civil marriage...

CanadaFamily and Matrimonial
Jenna Preston
Jenna Preston

Separation arises when at least one person in a spousal relationship develops a settled intention to end the relationship.

Separation can occur between married spouses and unmarried (or “common law”) spouses. Divorce, on the other hand, is the legal termination of a civil marriage by way of a court order.

Separation only requires that one spouse knows for certain that the relationship is over and that there is no hope of reconciliation. The other spouse's agreement to or knowledge of the separation is unnecessary. If there is ultimately a dispute between spouses on the date of separation, the law in Ontario takes a fact-specific approach to determining whether, at a particular point in time, separation had occurred by looking at several contextual factors, such as:

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