Divorce and Legal Arrangements in Ontario

Division of Property and the Date of Separation

Although the process of legal separation in Ontario is constantly evolving and often spans across several months, the specific date of separation holds great importance for married couples. This date serves as a reference point for determining the value of all assets that will be divided between the spouses (for more details, refer to the Division of Property section).

Moreover, in order to apply for a divorce, both parties must be separated for a year, unless one spouse is seeking a divorce on grounds of adultery or cruelty.

Issues related to separation in Ontario should be addressed promptly. These matters often involve child support, spousal support, division of assets, decisions regarding the matrimonial home, child custody, arrangements for children, and visitation rights (access schedule).

Understanding a Separation Agreement in Ontario

A separation agreement allows two spouses to live separately while remaining legally married. They have the option to live in different homes, but it is not a requirement for legal separation. In fact, it is possible to be separated even if both spouses continue to reside in the same house.

When determining whether spouses are truly "separate and apart," the courts consider certain factors such as:

• Shared bedroom space
• Engagement in sexual relations
• Meal preparation and shared meals
• Attendance at social events as a couple
• Shared household chores
• Ongoing communication and accommodation of each other's schedules

The Divorce Act allows parties to resume cohabitation for reconciliation purposes without interrupting the one-year separation period, as long as the cohabitation does not exceed 90 days.

When is Separation Beneficial?

It is not uncommon for spouses to live together during the separation process. Childcare responsibilities, housing needs, and financial constraints can make it challenging for either party to move out. It is also not advisable to leave before resolving separation-related issues through negotiation. The spouse who moves out may lose certain privileges, such as exclusive possession of the matrimonial home or custody of the children.

Additionally, if one spouse is entitled to support, the support order can be retroactive to the date of separation. If the paying spouse has moved out without providing support during the separation period, they may be required to pay retroactive support for that duration.

Why not Pursue Divorce Immediately?

After a year of separation in Ontario, either or both spouses can file for divorce. However, if there are children involved, the courts will only grant a divorce if satisfactory arrangements for child support have been made. This usually refers to the payment of the stipulated amount according to the Child Support Guidelines.

Many couples choose to remain separated for an extended period and only begin the formal divorce process if one of them intends to remarry.

To learn more about the separation process in Ontario and what to expect, you can explore further articles here, or contact a separation lawyer on (905) 581-7222 to schedule a free consultation.