What does it mean to separate from your spouse?

Separating from your spouse means that you live apart and no longer share a life together, however, you continue to be legally married. There is no formal process to file for separation or any requirement to sign a document. Although, it is advisable to negotiate a separation agreement with your spouse to settle issues of property division, spousal support, custody of children, among others.

When separating, the parties may choose to live in separate homes or live separately under the same roof. If parties decide to continue living in the same house, they may need to prove that they were not living as a married couple. To determine whether parties were legally separated while living together, the court may consider whether the parties shared a bedroom, had any sexual relationship, prepared and ate meals together, attended social events as a couple, shared chores, among others.

Before applying for divorce under the Divorce Act, the parties must be separated for at least one year unless a party is seeking divorce on the grounds of adultery or cruelty. If the separation period is interrupted by reconciliation for 90 days or more then the requirement of one-year separation period restarts.

To learn more about separation, separation agreements and how it may impact you, contact us.