Ending a relationship is never easy, and deciding whether to divorce or separate adds another layer of complexity. Many couples in Canada ask about the difference between separation and divorce, how each process works, and which option may be best for their situation.
This guide breaks down what divorce and separation mean legally and practically, explores the types of separation, and outlines the pros and cons of each path so you can make informed decisions.
What Is Divorce?
Divorce is the legal end of a marriage. Only a court can grant a divorce, and it is governed by the federal Divorce Act in Canada. To obtain a divorce, spouses must apply to the court and provide grounds, the most common being one year of separation.
Divorce is necessary if either partner wants to remarry. It also resolves the legal status of the marriage, although issues like property division, spousal support, custody, and child support may be addressed separately through agreements or additional court processes.
What Is Separation?
Separation happens when spouses decide to live apart with the intention of ending the relationship. Unlike divorce, separation does not require court involvement to begin. Partners are considered separated as soon as one or both decide the relationship is over and they stop living as a couple.
Types of Separation
Separation can take different forms depending on the couple’s circumstances and intentions.
Trial Separation
A trial separation is when partners live apart temporarily to decide whether they want to continue the relationship. It is often used as a cooling-off period. During a trial separation, the couple may or may not address finances, parenting, or property, but they usually remain legally married.
Legal Separation
A legal separation is not a formal court status in Canada, but couples often use the term to describe a separation agreement. A separation agreement is a written contract that sets out how property will be divided, how debts will be handled, whether spousal support will be paid, and how parenting responsibilities will be shared. It provides legal clarity while the couple remains married.
Permanent Separation
A permanent separation occurs when partners decide the relationship is over and have no intention of reconciling. In this case, they live separate lives but do not legally end the marriage through divorce. This may be a long-term arrangement if the couple does not wish to remarry or go through the divorce process.
Key Difference Between Separation and Divorce
The difference between separation and divorce comes down to legal status.
- Separation ends the relationship in practice, but the couple remains legally married.
- Divorce legally ends the marriage through a court order.
Legal vs Practical Implications
The legal implications of divorce are significant: once divorced, spouses are no longer legally connected, and each is free to remarry. With separation, the marriage remains intact, so legal ties continue even if the couple is no longer living together.
Practically, both divorce and separation involve many of the same issues: dividing property, determining custody and parenting time, setting child support, and deciding on spousal support. These matters are usually addressed in separation agreements and then finalized or updated in divorce proceedings if the couple chooses to legally end the marriage.
Pros and Cons of Divorce
Pros of divorce:
- Provides a clear legal end to the marriage
- Allows spouses to remarry
- Resolves financial ties once property division and support are finalized
- Offers finality and closure
Cons of divorce:
- Involves court processes and filing fees
- Can be time-consuming and emotionally draining
- May increase conflict if spouses disagree about settlement issues
Pros and Cons of Separation
Pros of separation:
- Begins immediately without court involvement
- Allows couples time and space to consider reconciliation
- Separation agreements provide flexibility and control over terms
- May reduce conflict by avoiding litigation
Cons of separation:
- Partners remain legally married, which can complicate finances or estate planning
- Does not allow for remarriage
- May leave long-term uncertainty if issues are not formally resolved
When to Consider Divorce Vs Separation
Choosing between divorce vs separation depends on your goals and circumstances.
You may want to consider separation if:
- You are unsure whether the marriage is truly over
- You want to avoid the time and cost of divorce while still addressing financial and parenting issues
- Religious or cultural reasons make divorce undesirable
You may want to consider divorce if:
- You are certain the marriage is over and want legal closure
- You plan to remarry in the future
- You want a formal end to financial and legal ties
In many cases, couples begin with separation, create a separation agreement, and then proceed to divorce later if they choose.
How to File For Divorce
Filing for divorce in Canada requires an application to the court. The basic steps are:
- Meet the residency requirement: At least one spouse must have lived in the province for a year before filing.
- Provide grounds for divorce: The most common is one year of separation, but adultery and cruelty are also recognized.
- File divorce documents: This includes the application and any agreements about property, support, or parenting.
- Serve the application: The other spouse must receive official notice.
- Wait for court approval: If the divorce is uncontested and paperwork is complete, the court will issue a divorce order.
The process can take several months or longer depending on complexity.
How Do You Separate From Your Spouse?
Separation does not require a formal court process. To separate, one or both partners must decide the relationship is over and begin living apart. Steps often include:
- Deciding on living arrangements
- Dividing finances and property temporarily
- Creating a written separation agreement for clarity
- Notifying schools, banks, and other institutions of the new arrangements
While informal separation is possible, a legally binding separation agreement is strongly recommended to prevent disputes.
FAQs
Is it better to divorce or separate?
It depends on your situation. Divorce provides finality and allows remarriage, but separation can be less costly and more flexible if you are uncertain or do not want to remarry.
Why do people separate but not divorce?
Some couples separate without divorcing due to religious beliefs, financial considerations, or the desire to avoid legal proceedings. Others are content to live apart permanently without formally ending the marriage.
What is a silent divorce?
A silent divorce is not a legal term but describes a relationship where spouses remain married on paper but live emotionally or physically apart, often without formally acknowledging the separation.
Bottom line: Understanding the difference between separation and divorce helps couples make informed choices. Whether you are considering trial separation, negotiating a legal separation agreement, or moving forward with divorce, planning ahead can reduce stress and conflict.
I founded Jointly because I want to empower more Canadians with the knowledge and tools to create relationship agreements that work for them, at a price they can afford. My big dream? That reaching more Canadians with Jointly ultimately keeps more families out of the court system when relationships breakdown, which can be slow, expensive and traumatic. (I may or may not have personal experience with this 😅)
When I'm not lawyering, I'm most likely hiking with my dogs, kayaking the coastal waters around North Vancouver, or hitting the sauna and cold plunge.
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