Separation vs Divorce in Ontario: What Is the Difference?
This page is general information for people in Ontario. It is not legal advice, and Law HelpLine is not a law firm. Laws and deadlines change and every situation is different, so check your own facts with a licensed lawyer or paralegal.
Many people use separation and divorce as if they mean the same thing. Legally they do not.
Separation
Separation happens when you and your partner stop living as a couple. No court filing is needed. You can be separated even while living in the same home, if you live separate lives. This applies to married and unmarried couples.
Divorce
Divorce legally ends a marriage and only applies to married couples. The usual reason is that you have lived separate and apart for at least one year. At least one spouse must have lived in Ontario for 12 months before applying. A short reconciliation attempt, in total 90 days or less, does not restart the one year.
What a divorce does not settle by itself
Parenting, support and property are separate questions. In Ontario, property between married spouses is generally dealt with under the Family Law Act. Many couples settle these issues in a separation agreement.
Why the date matters
The date of separation can affect the divorce timeline, property calculations and some benefits. Write it down and talk to a lawyer if you disagree with your partner about it.
Finding a lawyer or paralegal
Law HelpLine is an independent legal information website. We are not a law firm and we do not give legal advice. To find a licensed lawyer or paralegal, use the Ontario government’s Find a lawyer or paralegal page or the Law Society of Ontario directory at lso.ca. If you are in danger, call 911.