Family Law Lawyer in Woodbridge, GTA.

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

This is general information and should not be interpreted as legal advice. Contact a family law lawyer to understand your rights and obligations.

When a relationship ends, many people in Ontario use the words divorce and separation interchangeably. While they’re closely related, they have very different legal meanings and consequences. Understanding the distinction between the two is essential when making decisions about your future, your finances, and your family. 

What Is Separation?

A separation occurs when two spouses, whether legally married or in a common-law relationship, decide to live apart with the intention of ending their relationship. No court order or formal document is required to be “separated” in Ontario. It begins the day you start living apart and no longer function as a couple.

For married couples, separation is often the first step toward divorce. For common-law partners, separation may be the final legal step, since common-law couples cannot file for divorce under the Divorce Act.

Even though separation does not legally end a marriage, it carries significant legal and financial implications. During separation, spouses must still address important issues such as:

• Division of property and debts

• Child custody and parenting time (decision-making and parenting arrangements)

• Child and spousal support

  
  

  Many couples choose to create a Separation Agreement, a legally binding contract that outlines these arrangements. Having this agreement drafted or reviewed by a lawyer ensures that it is enforceable and protects your interests.

What Is Divorce?

A divorce is the formal legal process that ends a marriage under Canada’s Divorce Act. Only married spouses can apply for a divorce, and they must first demonstrate that there has been a “breakdown of the marriage.” In most cases, this means living separate and apart for at least one full year.

Other grounds for divorce, such as adultery or cruelty, are rarely used but still recognized under the law. Once a judge grants a Divorce Order, your marriage is officially dissolved, and you are legally free to remarry.

While divorce ends the legal marriage, it does not automatically resolve property, support, or parenting issues. Those must still be settled through negotiation, mediation, or court proceedings, ideally before the divorce is finalized.

Which Option Is Right for You?

For many couples, separation is the practical starting point. It allows time to make financial and parenting arrangements before taking the final legal step of divorce. Others may remain separated indefinitely, particularly if they do not wish to remarry.

Seeking Legal Support

At Majoka Law, we understand that every relationship and every separation is unique. Our experienced family lawyers can help you prepare a fair Separation Agreement, apply for divorce when you’re ready, and ensure that your rights are fully protected throughout the process.

If you are considering separation or divorce in Ontario, contact Majoka Law today for a confidential consultation. We’ll help you understand your options and move forward with clarity and confidence.