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.
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.
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.
Separation can take different forms depending on the couple’s circumstances and intentions.
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.
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.
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.
The difference between separation and divorce comes down to legal status.
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 of divorce:
Cons of divorce:
Pros of separation:
Cons of separation:
Choosing between divorce vs separation depends on your goals and circumstances.
You may want to consider separation if:
You may want to consider divorce if:
In many cases, couples begin with separation, create a separation agreement, and then proceed to divorce later if they choose.
Filing for divorce in Canada requires an application to the court. The basic steps are:
The process can take several months or longer depending on complexity.
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:
While informal separation is possible, a legally binding separation agreement is strongly recommended to prevent disputes.
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.
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.
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.
Amanda BaronI'm Amanda, one of the founders of Jointly. I've been working as a lawyer in British Columbia for over ten years. I have a deep commitment to access to justice and building stronger, more resilient communities. I’ve always believed that everyone deserves affordable, clear, and accessible legal solutions to navigate life’s big moments.